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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On March 20, 2017, around 17:10 on March 20, 2017, the Defendant ordered the victim to drink at the “E multilateral” in the operation of the Victim D, which is located in Gyeonggi-si, Gyeonggi-si, but he returned to the victim who was under influence of alcohol, and the Defendant was refused to drink “Pewk wn, dead wn away,” and
Dabalo flabs
"Abundance" with a large interest, and a shock is found to have avoided a disturbance of about 30 minutes by means of shaking shocks.
Accordingly, the Defendant interfered with the victim's multiple business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. As to the defense counsel's assertion of D's statement protocol, the defense counsel at the time of committing the crime of this case, at the time of the defendant's physical and mental weakness due to the illness and detention
The argument is asserted.
However, in light of the background and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc., the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
It is difficult to see the above argument, and it is not accepted.
Application of Statutes
1. Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314 of the Criminal Act regarding criminal facts, the reason for sentencing a sentence of imprisonment for the same kind of crime, etc. were punished several times due to the same crime, and the defendant was sentenced two times or more due to the obstruction of business and was sentenced to a suspended sentence
Nevertheless, in light of the fact that the defendant again committed the crime of this case and the details of such crime, the liability for such crime is not less complicated.
I would like to say.
However, it is decided as per the disposition in full view of all the sentencing conditions, including the fact that the defendant is against the defendant, the fact that the victim was in the front line, and the age and environment of the defendant.