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(영문) 서울동부지방법원 2016.05.27 2016고단86
업무방해
Text

A defendant shall be punished by imprisonment for four 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 January 3, 2016, around 15:45, the Defendant entered the beauty room operated by the victim D in Songpa-gu Seoul, Songpa-gu C and the first floor, and obstructed the victim’s beauty room business by force by avoiding disturbance between about 20 minutes while making the victim’s talk with “for the same year, sing,” without any justifiable reason.

2. The Defendant: (a) around January 3, 2016, on the ground that the victim F, operated by the victim F, on the first underground floor of Songpa-gu Seoul Songpa-gu Seoul E, did not provide a female entertainment loan to the victim; (b) on the ground that the victim’s talked with the victim, the Defendant: (c) was a large sound to the victim; (d) h. of this year; (h) h. of this year;

The Domina Domina Domina Domina Domina Domina Domina Domina Domina

On the other hand, it will be incidental to the time. Chewing years, "I will see", and "I went to the Song-gu Police Station prior to the operation interference," and "I reported due to business interference," and "I will interfere with the victim's singing practice room business by force by avoiding the disturbance about 15 minutes."

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of F and D;

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

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. Article 62-2 of the Criminal Act to issue an order to observe the protection [the defense counsel had a mental and physical weak state due to a mental disorder at the time of committing the crime;

The argument is asserted.

According to the records, the defendant is recognized as having received hospital treatment several times, as mental disability Grade 3 due to polar impulse disorder, alcohol dependence, etc.

However, in light of each of the crimes in this case, the defendant's act and behavior before and after the crime, etc., the defendant lacks the ability to discern things or make decisions at the time of the crime.

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