logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.06.28 2018고단2331
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 11:00 on March 25, 2018, the Defendant: (a) was unable to enter a restaurant operated by the victim D (69 years of age) located in the Incheon Reinforcement Group C, for drinking alcohol and food; (b) the Defendant was unable to avoid disturbance by having the victim d (69 years of age to drink for one hour at the same place; and (c) the said victim was at the home to defe the Defendant’s shoulder, thereby leading him to sound at that place.

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

2. On March 25, 2018, at the place indicated in the foregoing paragraph (1) around 12:23, the Defendant took a bath to G, who is the police officer belonging to the strengthen police station F police box dispatched to the site after receiving a report from D, as well as H, on the large scale, “Polols, learning solols,” which read as “Polols, learning sols.”

Accordingly, the defendant insultd the victims openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of interference with business) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for insult of a victim H with heavier punishment between the crimes of insult and the crimes of insult);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

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

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than six years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of type), interference with business, and interference with business (Scope of recommended punishment): Imprisonment with prison labor for up to six months from June to one year and six months;

(b) Scope of modified recommended sentences: Imprisonment with prison labor for not less than six months (the maximum of the recommended sentences shall not apply because each of the offenses of insult is committed in the judgment that the sentencing criteria are not set);

3. Determination of sentence: Six months of imprisonment, and one year of suspended sentence, each of the crimes of this case by the defendant is not good, but the nature of the crime is not good;

arrow