logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.04 2016고단829
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On October 8, 2014, the Defendant was sentenced to eight months of imprisonment by the Changwon District Court for obstructing the performance of official duties, etc., and completed the execution of the sentence on March 14, 2015.

[2] On January 9, 2016, from around 14:20 to 14:50 on the same day, the Defendant takes out three liquors in the air conditioners, which were in the air conditioners, between the victim’s O located in the city of Busan, from January 9, 2016 to around 14:50 on the same day, between the victim’s 'N restaurant located in the city of Busan, and the victim’s drinking alcohol in the restaurant where the victim’sO was not located.

'The defect in the subsection of this paragraph, whether the victim was able to do so in the presence of an unspecified large number of neighboring merchants;

For about 30 minutes, a bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a family.

Accordingly, the defendant openly insultingd the victim and interfered with the victim's operation of the restaurant by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect of the police against P;

1. Statement made by the police against theO;

1. A complaint;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, report on investigation (verification of repeated crime), two copies of the judgment, and application of Acts and subordinate statutes on personal identification and acceptance status;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] is in the relation of concurrent crimes with the offense of insult for which no sentencing guidelines are guidelines for the same type of repeated crime (one year to three years and six months) in the aggravated area (a person with a special aggravated punishment] [the decision of sentencing] compliance only with the lowest limit [the decision of sentencing] Defendant may have the power to commit violent crimes, including interference with his/her duties, and it is inevitable to punish the crime of this case during the period of repeated crime.

However, the defendant is not going against the crime, the defendant does not proceed to the direct exercise of physical force against the victim.

arrow