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(영문) 광주지방법원 2020.06.12 2019고단4264

업무방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 8, 2019, at around 11:45, the Defendant: (a) performed an act in a cafeteria with the trade name “D” managed by the Victim C in Gwangju Northern-gu, Gwangju; (b) performed food and alcohol, and (c) taken the alcohol while drinking; (c) taken the knife in the knife; (d) taken the knife in the knife; (d) taken the said knife; (d) taken the knife; (e) taken the knife; (e) knife the knife; (e) knife the knife; (e) knife the knife; (e) knife the knife; and (e) interfere with the victim’s restaurant business by force,

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. As to the Defendant’s assertion of the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse, the defense counsel asserts that the Defendant was in a state of mental disorder due to the mental illness, such as efficiencies, net conditions, and efficiencies at the time of committing the instant crime.

However, according to the evidence duly adopted and examined by the court of this case, it is recognized that the defendant suffered from mental illness, such as efficiencies at the time of the crime of this case, and thus continuous mental and medical treatment was required. However, in light of all the circumstances such as the background and content of the crime of this case, the defendant's behavior before and after the crime of this case, and the degree of memory of the defendant as to the situation at the time of the crime, it is not deemed that the defendant had the weak ability to discern things or make decisions due to the above

Although the defendant is committing a repeated crime for the reason of sentencing, the defendant is suffering from mental illness such as the current editing fluoral disease, so continuous mental and medical treatment is required, and the defendant is receiving medical treatment in good faith.