(영문) 서울북부지방법원 2018.06.22 2018고단840

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.06.22 2018고단840

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 24, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. by the District Court, and on June 1, 2016, the Defendant completed the execution of the sentence in the Giju prison.

On January 6, 2018, at around 17:15, the Defendant assaulted D’s face on two occasions under the influence of alcohol at a second floor smoking room located in Jung-gu Seoul, Jung-gu, Seoul.

Accordingly, the victim E, who is a security guard, left the Defendant and prevented him from entering the Defendant, and the Defendant was unable to bring the disturbance for about 20 minutes by sounding the name of the security guard as “Irk Mad Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad.” at the 1st entrance of the branch office.

Accordingly, the defendant interfered with the victims' work of maintaining order in the marina community by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Photographs;

1. Previous convictions: References to inquiries, investigation reports (up to the period of suspect repeated crime), personal expropriation status, and application of the text of the judgment;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. In light of the fact that there was a history of being punished several times including the crime of violence for the reason of sentencing under Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act, and that the Defendant again committed the instant crime even though he was sentenced to a fine as to the crime of obstructing the performance of official duties during the period of repeated crime, the sentence shall be imposed on the Defendant, but the Defendant is against his mistake, and the sentence shall be imposed as ordered in consideration of all of the sentencing conditions under Article 51 of

참조조문

-형법 제35조

-형법 제51조

-형법 제314조 제1항

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