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(영문) 수원지방법원 안산지원 2017.06.08 2017고단1064
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 24, 2014, the Defendant was sentenced to four months of imprisonment with prison labor due to interference with business in the support of the Suwon Friwon, and completed the execution of the sentence at the Suwon Nriwon detention center on January 19, 2015.

[2] On February 8, 2017, at around 13:00, the Defendant obstructed the victim’s convenience store business by force by avoiding disturbance for about 10 minutes, such as smoking tobacco without any justifiable reason at the L convenience store where the victim K works in the first floor of J building in Sinung-si, Singu, J., and stopping the victim from doing so. The Defendant interfered with the victim’s convenience store business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The K's statement;

1. Other closure photographs;

1. Previous convictions in the judgment: (A) a written reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. of the same case), text of the judgment, one summary order, one investigation report (one confirmation report at the expiration of the term of punishment), and one copy of the status of personal identification and confinement, shall be applied to the application of Acts

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (the defendant and his defense counsel asserts to the effect that the defendant was in a state of mental disorder at the time of committing the instant crime.

However, in light of the background of the crime of this case and the defendant's behavior before and after the crime, etc., which are acknowledged by the evidence of the judgment, it cannot be seen that the defendant's ability to discern things or make decisions is lost or weak at the time of the crime, and thus, the argument by the defendant and the defense counsel cannot be accepted. Thus, the grounds for sentencing [the scope of the punishment shall not be accepted] [the grounds for sentencing] [the grounds for sentencing [the grounds for sentencing] are the mitigated area (one to eight months) (including special mitigation (including efforts to recover damage)], and the grounds for punishment not (including efforts to mitigate damage), the same repeated crime (decision of sentence] is recognized and contradictory to the defendant, and the victim is not willing to be punished against the defendant.

However, this case.

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