(영문) 서울동부지방법원 2017.02.16 2016고단4439

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.02.16 2016고단4439

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

The Defendant, from around 19:00 to 19:25 on December 13, 2016, on the ground that the victim D, an employee of the Defendant, is living together with other employees and talked at the “C” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, Seoul, for the following reasons:

It interfered with the victim's business assistance by force by avoiding a disturbance, such as "the head of the judgment, spawals, ............" while putting a bath, "the head of the judgment, spawal, .........................., bruing a disturbance, such as breaking a brucing of a b

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing CCTV images;

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 was sentenced to suspended sentence two times for violent crimes and was sentenced to 10 times a fine, considering the circumstances unfavorable to the Defendant that the Defendant committed the instant crime, most violent crimes of the Defendant were committed prior to 2005, the fact that the Defendant agreed with the victim, the fact that the Defendant recognized the crime in this court was favorable to the Defendant, and the conditions of sentencing as shown in the instant trial process, such as the Defendant’s age, sexual conduct, and circumstances before and after the commission of the crime, shall be comprehensively taken into account.

참조조문

-형법 제62조 제1항

-형법 제314조 제1항

유사 판례

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