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(영문) 서울중앙지방법원 2019.07.18 2019고정1146
업무방해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a second-class mentally handicapped person.

On March 3, 2019, the Defendant visited the convenience store of the first floor of Seoul Gangnam-gu Seoul building from around 16:20 to 17:00.

1. The Defendant interfered with the business, at the above date, at the above time and place, was placed in front of the carbr by using the goods such as the livers, hackers, etc., as his hand, so that he can be removed from the floor.

Then, the victim D's convenience store management, which is a convenience store employee, was obstructed by force for about 40 minutes, such as putting the bar code to the hand, 2-3 times off the car racker, and continuing sound.

2. The Defendant used the Defendant’s arms doing the above behavior at the time and place specified in the above Paragraph 1, and used the Defendant’s arms and quihion as hacks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to photographic materials;

1. Relevant Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) that stipulate the applicable provision on criminal facts, the choice of punishment (the point of interference with business, the selection of fines).

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

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the Act, such as the fact that the defendant is a person with a disability of the second degree in the mental retardation, the confession and reflect of the defendant,

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