A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to non-afrosive mental disorder:

1. 피고인은 2016. 8. 28. 15:20 경 대구 동구 D에 있는 피해자 E이 운영하는 ‘F 슈퍼 ’에서, “ 이 슈퍼 내가 1억에 샀으니까 모두 내 꺼다.

The phrase “the victim interfered with the victim’s business operation by avoiding disturbance, such as setting the cans of beer contained in the air conditioning and breaking sound on the floor.”

2. 피고인은 같은 날 23:30 경 위 가게로 다시 찾아와 “ 내가 1억에 이 가게를 샀다.

It interfered with the business affairs of the above victim by force by avoiding disturbance, such as raising the voice " d......." and gathering his portable phone, and obstructing the business affairs of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the legislation in its opinion;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment with prison labor);

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment provided for in paragraph (2) of the same Article, which is heavier than the punishment provided for in paragraph (2));

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Articles 2-3 subparagraph 1, 44-2 (1) and 44-2 (2) of the Act on the Orders for Medical Treatment, Protection, Medical Care, Care, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years and not more than nine months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 1 (Interference with Business) (Special Sentencing) reduction element: Mental and physical weakness (no one responsible) (the scope of recommended punishment) (the scope of recommended punishment) from January to August (the area of mitigated punishment) shall be obstructed in the course of interfering with each business;

(b) Scope of sentence for recommending multiple crimes: Imprisonment with prison labor for one month to one year;

3. Determination of sentence: The defendant who is six months of imprisonment and one year of suspended sentence;