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(영문) 대전지방법원공주지원 2020.10.27 2020고단371

업무방해

Text

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

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

Reasons

Punishment of the crime

Around August 20, 2020, the Defendant asked the victim D (at 25 years of age) who is an employee in charge of the store b, under the influence of alcohol, to “where there is carbon.” Although the victim informed the 2nd floor, the victim could not find the goods. As such, the Defendant attempted the victim to have a first floor stringer in the middle of the middle of the 2nd floor stairs of the above 2nd floor, with the victim’s “cirth, fluor, frith, frith, frith, frith, frith, frith, frith number notified to the victim of the bitch number,” and “I frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, and frith, frith, frith of the victim’s body.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of field photographs E to the police statement of D and the C Burial CCTV-related Acts and subordinate statutes to the police statement;

1. Article 314(1) of the Criminal Act applicable to criminal facts, the choice of a fine [the defendant and his/her defense counsel asserted that the defendant was in a state of mental disorder at the time of committing the crime, but according to the records, it is difficult to deem that the defendant was in a state of mental disorder at the time of committing the crime that the defendant lacks the ability to discern things or make decisions, and even if the defendant was in a state of mental disorder, the punishment cannot be mitigated. Accordingly, the defendant and his/her defense counsel’s assertion cannot be accepted.] The grounds for sentencing include obstruction