logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.22 2016고단2519
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 20, 2016, the Defendant: (a) around 22:55, around 2016, 2016, around 20 minutes of the disturbance: (b) around 20 minutes of the disturbance, the Defendant: (c) around 53 years of age, in the operation of the Victim C (Ba; (d); (d) was the victim and the vision with respect to the drinking of the beer brought from the outside; (d) caused the disturbance to avoid entering the restaurant, such as destroying beer disease on the floor; and (e) prevented customers who had entered the restaurant from entering the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On March 20, 2016, at the same place around 23:40 on the same day, the Defendant: (a) requested a police officer belonging to the Gangnam-gu Police Station, Gangnam-gu, Seoul, to present an identification card in order to notify him/her of a violation of the Punishment of Minor Offenses Act (Interference with the Business) but was arrested as a current offender by refusing to present an identification card; (b) subsequently, the Defendant destroyed the backline of the patrol vehicle at the right side of the patrol vehicle in his/her hand to stop boarding the patrol vehicle; and (c) destroyed the body of the upper part of the right side of the patrol line.

Accordingly, the defendant damaged the automobile used by public offices, thereby harming its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes to a report on investigation (to attach photographs to the site) and photographs showing evidence to the site;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment, respectively, with prison labor;

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. Standard for sentencing grounds under Article 62(1) of the Criminal Act for suspended sentence;

(a) Suspension of duties [Scope of recommended punishment] No. 1 (Obstruction of Duties) within the mitigation area (one month to eight months) (including special mitigation persons] penalty non-members (including serious efforts to recover damage);

(b) Loss of goods for public use [the scope of recommendations] Nullity and destruction of goods for public use (the invalidation of goods for public use) has been invalidated and destroyed in the mitigation area (one month to eight months).

arrow