logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.30 2018고단7537
일반교통방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Presumption] The Defendant is a resident of Yeonsu-gu Incheon Metropolitan City apartment house C.

From February 2, 2018, the Defendant registered his automobile in the Defendant’s D Camp in the apartment management office, but did not attach a separate parking Stick.

Accordingly, the non-permanent security guards belonging to the above apartment management office attached the "a warning box for violating parking regulations" to the car in the above camp.

[2] On August 27, 2018, around 16:17, the Defendant requested that the apartment management office of the apartment building located on the above apartment site located on the apartment site, to remove the above-mentioned stickers. However, as the Defendant was refused from its employees, the Defendant left the above camp while parking the car as a private line on the access road to the underground parking lot and left the parking lot for about seven hours until the same day, thereby hindering the traffic of unspecified residents, etc. who find the above parking lot for about seven hours, and at the same time interfere with the management of the parking lot by the employees of the apartment management office of the said apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to on-site photographs and shopmatic sculptures;

1. Relevant legal provisions concerning criminal facts, Article 185 of the Criminal Act (the point of obstructing general traffic), Article 314 (1) of the Criminal Act (the point of obstructing business) and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who commits a crime of interfering with general traffic heavier than punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Where he/she commits a crime against a person, an unspecified person, or a large number of victims, of the basic area (from June to one year and six months) (including a person who has been specially mitigated) / Cases where he/she commits a crime against a person who has a large number of unspecified, or a large number of victims of the basic area of interfering with his/her duties [the scope of recommended punishment];

B. Since the sentencing criteria are the relation of general traffic obstruction for which no sentencing criteria are set, the lower limit of the sentencing criteria shall be observed within the range of applicable sentences under law.

b.2. The decision of the sentence;

arrow