피고인은 2013. 04. 30. 05:12경부터 07:15경 사이에 서울 송파구 C에 있는 피해자 D이 운영하는 E편의점에서 술에 취하여 그 곳에 있던 손님들에게 “뭘 쳐다보냐, 먹던 거나 쳐 먹어라.”라고 큰소리 치고, 위 피해자에게 소리를 치고 욕설을 하는 등 소란을 피워 위 편의점에 들어오려던 손님들이 들어오지 못하게 함으로써 위력으로써 위 피해자의 편의점영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendant alleged to the effect that, at the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability due to taking advantage of the circumstances before and after the instant crime, circumstances leading up to the instant crime, circumstances leading up to the instant crime, and the Defendant’s behavior, etc., the Defendant did not have the ability to discern things at the time of committing the instant crime.

It cannot be seen that the defendant did not appear to be in a state or weak, and further, considering the defendant's power, ordinary drinking behavior, and drinking circumstances at the time of the instant case, it is judged that the defendant sufficiently predicted the occurrence of danger and led to the instant crime in the state of drinking. Therefore, the above assertion is rejected

It is so decided as per Disposition for the above reasons.