(영문) 서울동부지방법원 2017.02.16 2016고단4445

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) 서울동부지방법원 2017.02.16 2016고단4445

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 30, 2016, from around 13:30 to 13:55 on the same day, the Defendant was able to avoid disturbance, such as leaving the Defendant on the floor on the ground that he was under the influence of alcohol in a restaurant operated by the victim C, which was operated by Gangdong-gu Seoul Metropolitan Government, and, on the ground that he had previously been unable to sell alcohol to the Defendant, the Defendant was able to avoid disturbance, such as “one hundreds year, one year, one year, and the same year for the opening.”

The Defendant interfered with the victim’s restaurant business by force between approximately 25 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a period of one month to eight months, and the reduction area (Interference with duties) for a mitigated area (one month to eight months) - Special mitigated persons: No penalty shall be imposed;

2. Although the defendant who has been sentenced one time to suspend the execution of the crime of violence and has been sentenced to eight times of fines, considering the circumstances unfavorable to the defendant who committed the crime of this case, the fact that the defendant agreed with the victim, the fact that the defendant recognized the crime in this court is favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account the conditions of sentencing as shown in the trial process of this case, such as the age, sexual conduct, and circumstances before and after the crime.

참조조문

-형법 제62조 제1항

-형법 제314조 제1항

유사 판례

-창원지방법원 통영지원 2017.05.17 2017고단27

-창원지방법원 마산지원 2018.07.18 2018고단609

-서울동부지방법원 2017.02.16 2016고단4439

-부산지방법원 2018.03.16 2017고단3070

-서울동부지방법원 2017.02.16 2016고단4356