logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.01.12 2017고단5249
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

around 17:00 on September 3, 2017, the Defendant: (a) at the “D convenience store” operated by the victim C in Geumcheon-gu Seoul Metropolitan Government, the Defendant was unable to avoid disturbance for about 30 minutes, including: (b) the Defendant paid money to the calculation unit and carried with E, who is an employee of the place; (c) the Defendant took a bath to enter the said convenience store; and (d) the Defendant was able to escape from disturbance for about 30 minutes.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. E statements;

1. Investigation report (related to the identification of the calendar's disease on the floor by the person under command), - On-site identification reports, reports on the results of field identification, - the relevant photographs of the case, and fingerprinting identity of the person under command;

1. Application of statutes governing on-site CCTV CDs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The sentencing criteria [Scope of the recommended punishment] Class 1 (Obstruction of Duties) and the basic area (from June to June) (special sentencing factors) (from June to June) and the scope of comparative sentencing between the sentencing guidelines and the recommended types: June to June; and

2. From around 2014, a sentence of punishment shall be chosen by taking into account the circumstances where a person continues to commit a crime, such as interfering with his/her duties, violations of the Punishment of Minor Offenses Act, etc., five times or more due to a similar crime, etc., and the sentence shall be suspended after setting the term of punishment at the lower limit of the recommended sentence that is set by the sentencing guidelines, taking into account the details of the crime, degree of damage, method of the crime, and other sentencing conditions: Provided, That where a person continues to commit a similar crime, and where the person appears to have performed alcohol and to have committed the

arrow