logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.07.18 2019고단1504
업무방해
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2019, at around 23:30, the Defendant: (a) committed a dispute between E and the victim C (n, 63 years of age) who performed drinking together within the “D” operated by Dobong-gu Seoul Metropolitan Government; (b) was able to take a bath and high sense; (c) laid off the mebbbbbbs, straws, drinking bottles, and turbs, etc. into the floor by using them as arms; and (d) obstructed the victim’s restaurant business for about 15 minutes by forcing approximately two customers who were in the restaurant, and by force outside the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act to order probation and attending lectures;

1. The scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment) and the scope of recommending punishment [the scope of recommending punishment] shall be type 1 (Interference with Business] (one to eight months) (including specially mitigated persons] and non-compliance with punishment (including serious efforts to recover damage);

2. In light of the details of a crime of interference with business committed by the Defendant who was sentenced to the sentence, and the property loss and mental shock caused thereby, the nature of the crime is not easy.

Moreover, even though the Defendant committed the crime of interference with business, the crime of violation of the Punishment of Violences, etc. Act, and the crime of property damage, etc., which had been subject to criminal punishment several times, the Defendant again committed the crime of this case.

On the other hand, the defendant recognized the crime of this case and expressed his intention that the victim does not want the punishment of the defendant at the investigation stage.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

arrow