(영문) 서울서부지방법원 2018.12.20 2018고단3877

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.12.20 2018고단3877

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2018, around 23:40 on July 26, 2018, the Defendant interfered with the victims’ funeral hall operation by force for about one hour, such as taking a large amount of care of the victims C and D from the second underground floor of the funeral hall in the Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the E Hospital funeral hall in which D work, and the visitors who have taken a place after drinking while drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in C or D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (from June to January to June) (no person subject to special sentencing) shall exist;

2. The fact that the Defendant committed the instant crime even though he had the record of punishment more than 10 times after having committed the same kind of crime or violent crime, etc., the Defendant committed the instant crime is disadvantageous to the Defendant. Meanwhile, the victims do not want to have the Defendant punished, and the Defendant appears to have recognized all of his mistake and reflect it, considering the circumstances favorable to the Defendant, and the Defendant’s age, sex, family relationship, living environment, means and result of the crime, etc., as a whole, shall be considered as favorable to the Defendant, and the sentence shall be determined as per the disposition, taking into account various circumstances that may

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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