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(영문) 서울동부지방법원 2016.05.12 2015고단4045
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around November 2, 2015, when the Defendant lacks the ability to discern things or make decisions due to early illness, etc., the Defendant saw that, around November 17:06, 2015, at the upper end of “E” operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City, the Defendant saw that he was “homicide” from the damaged person in front of the upper end of “E” operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City, and that was divided into this, the Defendant could threaten the victim as if the victim Da can be seen as a hemath, and she was flick by hand, and was unable to avoid any disturbance, such as walking the victim’s satching.

On the same day, 17:10 on the same day, knife knife knife knife knife knife knife knife knife knife

“A noise” is a disturbance, such as passing sound.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by each prosecutor with respect to D or F;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes on the spot and blades;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10(2) and Article 55 subparag. 3 of the Criminal Act for statutory mitigation (the crime of this case is deemed to have been committed in a state that lacks the ability to discern things or make decisions due to tide, etc.);

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. Protection and observation and order to attend lectures under Article 62-2 of the Criminal Act (the order to attend lectures for alcohol treatment, as there is a possibility that military forces beyond the influence of the accused may cause various crimes);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one month to eight months, and the special mitigation area (one month to eight months) - Persons who are specially mitigated (including those who are not responsible for themselves) and those who are not subject to punishment (including serious efforts to recover damage);

2. The defendant shall be sentenced to a penalty in the market;

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