(영문) 서울서부지방법원 2018.12.12 2018고단3534

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(영문) 서울서부지방법원 2018.12.12 2018고단3534

업무방해

Text

A defendant shall be punished by imprisonment for 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

On September 29, 2018, at around 16:15, the Defendant: (a) was drunk at the apartment bus stop located in Seodaemun-gu Seoul, Seoul, an independent door of 10, without paying the fare to the D bus operated by the injured party C (Y, 52 years of age) in the state of drinking, and (b) was hicked with the warning to avoid paying the bus fee to the injured party for about 20 minutes; and (c) the Defendant obstructed the operation of the bus by force by the injured party due to the difficulty of driving the bus by avoiding disturbance, such as taking a large voice in the bus in the above bus for about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in writing C;

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 [the scope of recommended punishment] The mitigated area (one month to eight months) [the person who has been specially mitigated] [the decision of sentence] is not subject to punishment: The defendant's obstruction of business and the defendant's obstruction of business, the bus operation is obstructed due to the defendant's obstruction of business, the fears of fears of passengers, and the victim can have a record of punishment for the same kind of crime and violent crime: In agreement with the victim, the injured person desires to have the defendant's preference; the victim's recognition of and reflects the crime of this case; the defendant's age, sexual behavior, career, home environment, motive for the crime, and circumstances after the crime, etc., all other circumstances that are the conditions for sentencing as shown in the arguments of this case, such as the defendant's age, sexual behavior, home environment

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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