logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.02.09 2016고단5966
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Seoul Southern District Court, and completed the execution of the sentence in the Ansan Prison on October 25, 2016.

1. On November 28, 2016, at around 18:30 on November 28, 2016, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbances for about 20 minutes, such as “A” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that the Defendant would pay the food value from the victim E, who is an employee of the said restaurant, and “Arhum amb......... to the customers in the restaurant,” and neglecting the victim’s restaurant business by force.

2. The Defendant, at the time, at the same time and place as paragraph 1, and at the same time and place as the above E and took a bath, he saw the victim from the victim F (54 tax) who was a restaurant customer, and collected plastics from the victim, and again collected the victim's back head, was collected from the victim, and committed assault against the victim, such as taking the victim's left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A written statement of F and E;

1. A photo of the damaged part;

1. Investigation report (to hear statements by victim F phone);

1. Investigation report (to hear statements from victims Eline);

1. References to inquiries, such as criminal history, reports on non-disposition previous convictions, text of judgment, and application of statutes on the acceptance status of individuals;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the facts constituting an offense: The point of assault by O: Article 260 (1) of the Criminal Act (the choice of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing of concurrent crimes (aggravating within the scope of the sum of the long-term punishments of each crime committed by a obstruction of heavier business affairs) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Interference with Business) (Scope of recommendations) interference with business operations;

arrow