logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.02.03 2015고단3500
업무방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On July 16, 2015, at around 23:00, the Defendant interfered with the victim’s restaurant business for about five minutes by force, such as: (a) at a restaurant operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government C, the Defendant: (b) at a restaurant operated by the victim; and (c) on a male customer, who was seated with the tables and carried on drinking; and (d) at a string to four male customers, who saw to drink and

2. On July 16, 2015, at around 23:25, the Defendant collected food knife (45 cm in total length, 30 cm in length) from a restaurant that works as a victim F store located in Yeongdeungpo-gu Seoul Metropolitan Government E, and obstructed the victim’s restaurant business for about five minutes by force, such as the sound of “Isknife and knife and knife in prison.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Sentencing criteria;

(a) A category 1 (Interference with Business) (1 to 3 years) of the aggravated area (1 to 6 months) (1 year to 3 months) of a crime is extremely poor;

(b) A category 1 (Interference with Business) (1 to 3 years) of the aggravated area (1 to 6 months) (1 to 1) of the Act on the Punishment, etc. of Specific Crimes (1 to 3 years) is extremely poor;

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one year to five years; and

2. Each of the instant crimes committed by the Defendant, without any special motive, was committed using dangerous articles, such as a knife and a shoulder-sicker’s disease, as a target for an unspecified place of business. The Defendant’s liability for the instant crime is not easy in that it is likely that the reliance on citizens’ public order and safety may be undermined, thereby creating social anxiety.

The defendant is sentenced to violent crimes.

arrow