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(영문) 춘천지방법원 원주지원 2016.02.17 2015고단1092
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 16, 2015, from around 14:55 to around 15:15 of the same day, the Defendant, who interfered with his duties, was a “D restaurant” operated by the victim C in the original city B, and on September 20, 2015, the Defendant, who was a fine at the time of September 20, 2015, performed drinking in the above restaurant, was arrested at the wind of the victim making the 112 report. However, the Defendant found the above restaurant on the day on which the execution of the Nowon Station was completed, and went to the domestic prison.

She was able to brut, with a large interest of “to die and die,” and 2 knife [the total length of 27 cm (15 cm) and the total length of 25 cm (13 cm in length)] in the kitchen. There was a knife with two knifes in the kitchen.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On the same day, around 15:15 on the same day as Paragraph 1, the Defendant heard that the above C went to the Dong Office at around 15:15, and went to the G community service center located in the from the above restaurant to the “G community service center” located in the “G community service center in the city from the original city.”

As a result, the defendant carried a deadly weapon that is likely to be used for crimes under the Punishment of Violences, etc. Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Police seizure records and list of seizure;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act, and the choice of imprisonment with labor, respectively, for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the fact that a person suffers from mental illness, the motive for committing the crime is bad, the agreement with the victim, and the fact that there are many criminal records in the same kind of crime, etc.

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