logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.10.17 2019고단910
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 21, 2019, at around 09:50, the Defendant: (a) took a bath at “Dcafeteria” operated by the victim C (n, 57 years of age) located in B of Cheongju-si, with a large interest in drinking; (b) took a bath on the floor by hand; and (c) taken a dog on the floor by hand, and seeing a urine on the floor; and (d) interfered with the victim’s restaurant business by force for about 30 minutes by avoiding disturbance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. Application of statutes on site photographs;

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 Act on Probation, Medical Treatment and Custody, etc., and Article 44-2 of the Act on Medical Treatment and Custody, etc. is not likely to be criticized in that the defendant again committed such crime under the influence of alcohol even though he/she had been subject to punishment several times due to the same kind of

However, it is desirable to suspend the execution of punishment for the edification of the accused and impose probation and medical treatment orders when considering the fact that the accused shows the will of medical treatment and rehabilitation, such as being receiving medical treatment at a current alcohol specialized hospital.

In addition, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, shall be determined as per the disposition.

arrow