logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.01.25 2016고단5142
업무방해
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:40 on September 16, 2016, the Defendant: (a) returned home by a police officer who was dispatched after receiving a report to avoid disturbance, such as taking advantage of toilets at the victim B (V, 56 years old) located in Guro-gu Seoul Metropolitan Government; (b) taking measures to return home by a police officer who was dispatched after receiving a report to avoid disturbance; (c) taking measures to avoid disturbance, such as taking back again at the above heading house on the same day; and (d) taking measures to return home by a police officer who was dispatched after receiving a report to avoid disturbance, such as intending to enter the said heading on the same day at around 20:17 on the same day.

2. On September 16, 2016, from around 19:39 to 19:56 the same day, the Defendant: (a) deemed the victim E (n, 54 years old) on the first underground floor of the Seoul Guro-gu Seoul, to be “a mobile phone store,” and (b) confirmed that the victim did not have a mobile phone inside the said multiples, and thereby interfere with the victim’s instant multi-media business by force by avoiding disturbance, such as provokinging the city cost without any special reason, continuing to take a bath at the end of China, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and E;

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

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

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

A. Basic and concurrent crimes (the same type and sentencing factors are the same, and therefore the same is the same), [the types of decisions] interference with business affairs [the person subject to special sentencing] mitigation factors: the mitigated range of punishment [the recommended area and the scope of recommended punishment], one month to imprisonment.

arrow