(영문) 서울북부지방법원 2017.05.31 2017고단1301

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.05.31 2017고단1301

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 27, 2017, from around 19:41 to 19:52 on the same day, the Defendant, while taking alcohol in the ‘D’ restaurant operated by Gangnam-gu Seoul Metropolitan Government (Da) to the 19:52 on the same day, was taking a bath on the ground that his/her employees would be bad upon the request of his/her staff to be boomed, and then he/she took a bath on the ground that he/she would be bad, and throw the boom away from the bridges. By force, the Defendant interfered with the Defendant’s operation of the restaurant by having the restaurant customers go to the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning visual images of CCTVs inside the generated place;

1. Article 314 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs of the recommendation [the scope of the punishment], the area of mitigation (one month to eight months) [the person subject to special mitigation], the area of punishment not subject to punishment (including the advanced efforts to recover damage);

3. It is disadvantageous that the form of interference with business such as gathering the tables on the restaurant where the sentence is determined, and that the power subject to punishment for violent crimes can be included in the suspension of the execution of imprisonment with prison labor.

On the other hand, the agreed point with the victim is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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