logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.08.28 2019고단1983
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 27, 2019, at around 01:00, the Defendant: (a) took the influence of alcohol in “C” restaurants located on the 1st floor of Eunpyeong-gu Seoul Metropolitan Government, and (b) took a bath to “B” in order to pay the value of food to the victim D and to receive a demand for prompt payment; (c) “Y Y Y Y Y Y Y Y Y YY YY Y YY YY YY YY YY YY YY YY YY YY YY YYY YY YYY YY YYY YY YY YY YYY YY YY YY Y

2. The defrauded did not intend or have the ability to pay the food cost at the date, time, place, as stated in paragraph 1, but did not pay the food cost equivalent to KRW 10,00,00 in total, such as flusium and flusium, and acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

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

(a) Class 1 crime (Fraud) (Fraud) (Fraud) fraud: In cases of fraud [Type 1] below KRW 100 million (Special Convicted Person] mitigation element: In cases of a failure to punish a person or a significant damage therefrom (in the area of recommendation and the scope of recommendations), reduction area, imprisonment with labor for one month or one year;

(b) Class 2 crime (Interference with Business) (Interference with Business) (Interference with Business / [Type 1] Interference with Business / [Special Convict] Reduction element: Reduction element (including efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: One to one year and four months of imprisonment (the upper limit of crimes No. 2).

3. Sentence;

arrow