logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.02.11 2019고단4307
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal power] On January 15, 2016, the Defendant was sentenced to imprisonment with labor for the crime of interference with business, etc. at the Seoul Southern District Court on January 15, 2016, and on March 31, 2016, the Seoul Southern District Court sentenced two years of imprisonment with labor for the same crime, etc. and completed the execution of the sentence on February 1, 2019.

【Criminal Facts】

On September 1, 2019, the Defendant: (a) around 11:00, before the entrance of the Diplomatic Association, the victim C in Gangdong-gu Seoul Metropolitan Government, was in service as a pastor, the Defendant: (b) obstructed the victim’s towing business by force, such as interfering with the victim’s towing business for about 1 hour, one-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-time-hour-hour-hour-hour-hour-time-hour-hour-hour-hour-hour-based-hour-hour-hour-hour-hour-related to return his domestic animals, to the following: (c) 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Previous convictions: Criminal records, investigation reports (Attachment of rulings related to repeated crimes), and application of Acts and subordinate statutes to criminal investigation reports ( pending trials in Seoul Western District Court);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 314 (1) of the Criminal Act;

1. Aggravation of repeated crimes: Reasons for sentencing Article 35 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [Determination of types of punishment] Interference with duties (special-sponsers), mitigation elements of punishment, aggravation factors, aggravation factors - basic areas of repeated crimes of the same kind (the scope of recommending areas and recommendations) and six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for 6 months (unfavorable circumstances); a majority of the criminal records [fluored circumstances] the victim's punishment is not allowed; a defendant's mistake is divided; and the defendant's mental illness is deemed to have affected the crime of this case;

arrow