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(영문) 서울중앙지방법원 2016.11.24 2016고단7457

업무방해

Text

A defendant shall be punished by imprisonment for four months.

except that 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

On September 14, 2016, at around 14:25, the Defendant: (a) spited the floor of “D” in the name of “D” operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City; and (b) obstructed the victim’s restaurant business by force for about one hour by putting the victim and his/her employees into a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of C Police Statements and Order-Related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. As to the assertion of mental disorder as to Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 2011) of the Act on the Suspension of Execution, the Defendant alleged that he was in a state of mental disorder or mental disorder by drinking at the time of committing the instant crime. Thus, according to the records, the Defendant was under the influence of alcohol at the time of committing the instant crime, but the Defendant

Since it cannot be deemed that there was a state or weak, the above assertion is rejected.

Sentencing unfavorable circumstances for sentencing: The circumstances that are favorable to the defendant who has been already punished several times due to the same kind of crime that the defendant recommits the crime of this case: The defendant reflects his fault in depth, and the decision of sentence that the victim does not want the punishment of the defendant: the above circumstances and the defendant's age, character and behavior, career, home environment, motive and means of the crime, and circumstances that are conditions for sentencing specified in the arguments of this case, shall be determined as per Disposition, taking into account all the circumstances that are considered the above circumstances and the defendant's age