(영문) 서울북부지방법원 2015.12.18 2015고단3020

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.12.18 2015고단3020

업무방해

Text

A defendant shall be punished by imprisonment for not less than two 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

At around 19:00 on July 13, 2015, the Defendant reported that the victim D did not drink to the Defendant on July 3, 2015, around 03:45, at the main point of Nowon-gu’s underground “C” in Seoul Special Metropolitan City, Nowon-gu, around 19:0, the Defendant 112 reported that the victim D did not drink to the Defendant, and obstructed the Defendant’s business operations for a degree of 35 minutes by using force, such as c5 minutes of time, when the police officer called out, was a criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The execution of imprisonment shall be suspended in consideration of the following: (a) the basic area (including six months to one year and six months) (special mitigation / one year and six months), the degree of power and deceptive scheme, or the degree of interference with business, is minor; (b) the motive for the instant crime is weak; and (c) the defendant was found to be the main point of the victim on July 15, 2015, taking into account the fact that the motive for the instant crime was bad; and (d) the defendant was suffering from disturbance of the victim on July 15, 2015, taking into account the fact that the defendant’s age is likely to improve his/her future character and behavior; and there is no record of punishment imposed by the defendant exceeding a fine in the past.

Provided, That probation and community service shall be ordered in order to improve the drinking habits and violence inclination of the accused, and the punishment shall be determined as per the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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