logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.12.20 2018고단3881
업무방해
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On September 18, 2018, at around 09:50 on September 18, 2018, the Defendant was boarding the bus stop located in Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu, and arrived at the bus termination points located in the F apartment located in Seoul Special Metropolitan City, Nowon-gu, and did not get off the bus at the victim's lower demand without any particular reason, and the bus stop between the Defendant and the H car notice located in Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, at around 10:00 on the same day, set off the bus from the bus and set down the bus under the bus after leaving the bus at around 10:0 on the same day.

For about 40 minutes due to the malfunction, the injured person could not operate the bus.

Accordingly, the Defendant interfered with the bus operation of the victimized person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act, Article 314 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing of sentence of the crime;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall interfere with the affairs of the recommendation [the scope of the recommended punishment], and the area of mitigation (one month to eight months) [the person subject to special mitigation] shall not be punished (including the person subject to serious efforts to recover damage);

2. It seems that there was a very high risk of such factors as blocking buses determined to be sentenced or lying under a bus;

Furthermore, the Defendant was subject to criminal punishment on several occasions due to the use of violence, such as a violation of the Punishment of Violences, etc. Act, a crime of bodily injury, a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a crime of assault, etc., and in particular, on May 18, 2018, the Defendant was sentenced to a suspended sentence of one year for a crime of assault at the Seoul Northern District Court on April 2018 and was sentenced to a suspended sentence of one year for a crime of assault on May 26, 2018.

Punishment corresponding to the danger of crime and frequency of crimes is inevitable.

On the other hand, it is against the defendant's recognition of the crime of this case.

arrow