logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.11.03 2015고단2464
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On September 20, 2015, the Defendant obstructed the victim’s accommodation business by force, such as: (a) holding the victim C (n, 71 years of age) in the entrance of “D” in the “D”, without any reason, at around 21:00 on September 20, 2015, the Defendant obstructed the victim’s accommodation business by force, such as: (b) holding the victim C (n, 62Cm, thickness: 2.7m; and (c) holding the entrance of the room at the same time; and (d) holding the disturbance, such as making one customer accommodated in the said room open at the time.

2. At the 1st floor guide room as above, the Defendant: (a) displayed each of the above items, which are dangerous things possessed by the victim, at the victim’s time, at the victim’s 1st floor guide room as above; and (b) abused the victim, who was in the victim’s upper body sealed away from the window, and was in a space far away from the shock net; and (c) assaulted the victim at several times, who was in the guide room, with the victim’s upper body sealed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act are disadvantageous to the defendant.

However, in consideration of the fact that the victim does not want the punishment of the defendant, and the defendant is hospitalized in a hospital for treatment of his/her own disease (complosion disorder), the punishment shall be determined as ordered.

arrow