logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2019.03.27 2019고단16
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 10, 2018, at around 03:30 on November 10, 2018, the Defendant interfered with business, the main points operated by the Victim C (53 years of age) in Gwangju-si, on the ground that the victim is under the influence of alcohol, and on the ground that the victim is broken the Defendant, the Defendant took a bath with a large voice, such as “I am aware of who is flachie,” and obstructed the victim’s main points business by avoiding disturbance for a period of up to one hour.

2. Around 04:30 on November 10, 2018, the Defendant insultd the victims by openly referring to “the victim E and F, a police officer affiliated with the Gyeonggi Mine Police Station D police box, who was dispatched by the Defendant upon receipt of a report that the Defendant avoided the disturbance,” on the ground that the victim E and F, who are the police officers affiliated with the Gyeonggi Mine Police Station D police box, were prevented the Defendant, and during the victim’s hearing by the above C and customers, the victims were “the bit of bitch bitch, frith, frith, frith of the bitch, frith of the bitch,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing up the maximum term of the punishments as provided for in each of the above crimes);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Application of the standards for handling multiple crimes that have no basic area (six to one year and six months) (any person specially punished): Imprisonment with prison labor for not less than six months (in the case of the relation of insult for which no sentencing criteria have been set and the relation of concurrent crimes under the former part of Article 37 of the Criminal Act with the offense of insult for which the guidelines for sentencing have been set, the minimum limit of the recommended sentences for the offense of which the guidelines for sentencing have been set shall be observed);

2. Determination of sentence: Imprisonment with prison labor for six months, and two years under a suspended execution, the defendant shall interfere with the main duty under the influence of alcohol at night, and shall interfere with it;

arrow