logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.02.12 2019고단5543
업무방해등
Text

Defendant shall be punished by imprisonment for four months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

On July 20, 2018, the Defendant had been sentenced to eight months of imprisonment for the crime of interference with business at the Daegu District Court on July 20, 2018 and completed the execution of the sentence on March 17, 2019.

Punishment of the crime

1. At around 10:40 on November 14, 2019, the Defendant interfered with the business of the victim C’s operation “D” restaurant, which is operated by the Government-si, and in the case of the victim C, the Defendant obstructed the victim’s restaurant operation by force by allowing customers who visited the 20 minutes of the knife to take out of the knife and take a bath with drinking alcohol without any reason, and expected their body to fall on the floor of the knife, and thereby hindering the victim’s restaurant operation by force.

2. On November 14, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) around November 11, 2019, the Defendant: (b) prevented a vehicle in front of the Government of Gyeonggi-si; (c) intended to take a large interest by stopping a vehicle; and (d) frankly, by uttering very rough and disorderly words or conducts; and (c) conveyed it to another person under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Data for each image closure;

1. Investigation reports (cases concerning investigation into telephone communications by 112 reporters) and investigation reports (Notification of department reporting the 112 Incident);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, judgment, application of Acts and subordinate statutes as a result of confinement of prisoners;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts (a point of interference with business, choice of imprisonment), and Article 3 (1) 20 (a) of the Punishment of Minor Offenses Act (a point of disturbance and choice of fine) concerning the criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of a type of punishment] interference with the affairs of [the category 1] interference with the affairs (the special person] - the mitigation element: the mitigation element (including serious efforts for the recovery of damage) - the aggravation element: the area of mitigation [the scope of recommending and recommending punishment] of the same repeated crime [the scope of recommending area and recommending punishment] mitigation range, one month to eight months [the general person who has no reason for suspension of execution] (the reason for suspension of execution of punishment].

arrow