(영문) 부산지방법원 2020.03.25 2020고단106

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.03.25 2020고단106

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 21:00 on December 24, 2019, the Defendant ordered the victim’s alcohol at the main point of “D” operated by the victim C in Busan Jin-gu, Busan. However, on the ground that the victim did not drink it, the Defendant: (a) sent the victim a sound to the victim “Iak, see, see, and smoke,” and (b) continuously sent the victim a sound to the victim “Iak, Chewing, drinking,” and (c) cut the victim’s arms to the victim, and (d) prevented other customers from entering the said main point for about 20 minutes, including where the victim did not drink it.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

1. Scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs [the elements of mitigation]: Reduction area of the punishment [the scope of the recommended punishment and the scope of the recommended punishment]: One month to eight months of imprisonment;

2. Determination of sentence: Imprisonment with prison labor for four months and suspension of execution for two years (the sentence shall be determined as per Disposition, taking into account the following circumstances: the defendant's age, character and conduct, family environment, motive and means of crime, and circumstances of sentencing specified in the records of this case, such as the circumstance that the defendant is against himself and the victim does not want the punishment for the defendant; and the defendant's age

참조조문

-형법 제62조 제1항

-형법 제314조 제1항

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