(영문) 부산지방법원 2020.03.31 2020고단759

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.03.31 2020고단759

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 28, 2020, the Defendant: (a) around 23:05, within the main point of “C” located on the second floor of Busan Eastdong-gu, Busan; (b) paid the drinking value to the victim D and the trial expenses; and (c) the police officer called out, paid the drinking value to the police officer; and (d) again found the above place of business after the locking; and (c) refused the victim again; and (d) the victim rejected the said place of business, while taking a bath for 20 minutes, interfered with the victim’s main place of business by force, such as leaving the place of business to the employees.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment (the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month to eight months;

2. Determination of sentence is against the defendant, and there is no record of criminal punishment exceeding the fine due to the crime of interference with business, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are committed, the punishment as ordered shall be determined by comprehensively taking account of various sentencing conditions shown in the arguments in the instant case, including the following:

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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