(영문) 서울북부지방법원 2016.12.16 2016고단4719

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.12.16 2016고단4719

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2014, the Defendant sentenced ten months to imprisonment for a violation of the Punishment of Violences, etc. Act and a crime of causing property damage at the Daejeon District Court on April 24, 2015, and completed the execution of the sentence in the Daejeon Prison on April 24, 2015.

【Criminal Facts】

On October 22, 2016, the Defendant: (a) around 23:13, at the “E” restaurant operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul; (b) at around 20 minutes, it was difficult for the Defendant to bring the said restaurant employees under the influence of alcohol, to read “Ye-gu C, Handphones, and Handphones, are put in a large boom, and booms, and booms, and she was taking meals to the customers who had been taking such meals, “Ie-wings, have been frighted to go to the restaurant,” and, at around 20 minutes, it was difficult for the Defendant to have the food customers frighten in a restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of repeated crimes of suspects), and the application of Acts and subordinate statutes as a result of prisoners search attached thereto;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] interference with the business of Article 35 of the Criminal Act where the degree of power and deceptive scheme, or the degree of interference with business is insignificant in the mitigated area (one month to eight months) (a person subject to special mitigation) and the degree of interference with business / In light of the criminal records of the defendant, considering the criminal records of the same repeated crime (a decision of sentencing), the defendant should be placed on a severe punishment, but the punishment shall be determined as per the order in consideration of the fact that the defendant reflects the mistake, the living relationship

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제35조

-형법 제314조 제1항

유사 판례

-광주지방법원 2016.12.20 2016고단2246

-광주지방법원목포지원 2020.08.11 2019고단1431

-부산지방법원 2012.09.13 2012고정3062

-서울중앙지방법원 2014.02.20 2013고단8505