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(영문) 서울북부지방법원 2017.07.20 2016고단4601

업무방해등

Text

The punishment of defendants shall be six months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has weak ability to discern things or make decisions due to mental illness, such as stimulative disorder, etc.

1. On October 8, 2015, the Defendant: (a) visited “E” on the third floor of the Seoul Special Metropolitan City, Nowon-gu D building operated by C to receive long-term treatment; (b) paid KRW 2.150,00 to the Defendant; and (c) received full refund from C around December 8, 2015, on the ground that the content of treatment was not in mind.

On February 15, 2016, the Defendant demanded money from the dental waiting room to grant money to C on February 15, 2016, and at the same time, the Defendant is able to carry out funeral services.

We have difficulty in filing a lawsuit for about 20 minutes due to the abusive and intimidation that they have, etc.

Until April 5, 2016, the Defendant avoided the disturbance in the same manner nine times, such as the list of crimes, and C was unable to provide normal medical treatment due to that reason.

The Defendant, by these force, interfered with the victim C’s normal operation and treatment of dental services 9 times.

2. On April 7, 2016, at around 00:46, the Defendant: (a) took a H taxi operated by G in front of the F building in Seoul Special Metropolitan City, Nowon-gu; (b) moved to the monthly belt of the Seoul Nowon-gu Police Station via J in Seoul Special Metropolitan City, Jung-gu; and (c) moved to the monthly belt of the Seoul Nowon-gu Police Station; and (d) the taxi fee exceeded 22,560 won.

However, the defendant did not have the ability to pay taxi charges.

The Defendant obtained pecuniary benefits equivalent to taxi charges by deceiving the victim G by deceiving the same victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G statements;

1. Application of Acts and subordinate statutes to mental emotions;

1. Article 314 (1) and Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Protection observation;