(영문) 의정부지방법원 2021.01.27 2020고단4785

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.01.27 2020고단4785

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2020, the Defendant was requested to pay the drinking value from the injured party C’s D restaurant in Spocheon-si B around 23:40 on August 3, 2020, and the Defendant was able to avoid noise due to the influence of alcohol.

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

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. C’s written statement is subject to the list of cases to be reported, pictures of the scene of the case, and the application of Acts and subordinate statutes to the reporter;

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 of the community service order;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the type of determination] interference with the affairs of [the category 1] interference with the affairs [the person subject to special sentencing] - The factors subject to mitigation: the area of mitigation [including the area of recommendation and the scope of the recommended punishment], the area of mitigation of the punishment [the area of recommendation and the scope of the recommended punishment], one month to eight months.

3. The Defendant, who was sentenced to sentence, committed the instant crime even though he/she had been subject to punishment two times or more around 2016 due to the crime of interference with the business, and there are many other penal records.

However, considering the fact that the defendant received a letter from the injured party in favor of the accused, the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records and arguments of this case.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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