Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 17, 2016, at the D convenience store located in Seoul Special Metropolitan City, Nowon-gu, around 11:00, the Defendant 5:6 times again requested the victim E to exchange the face value, and then, on the ground that the victim refuses to exchange the face value, he / she would be able to exchange the face value, and the Defendant would be able to report to the police.
We can't see that the defect is properly reported, and it is hard to avoid any disturbance for about 30 minutes, such as threatening to "I am we am we am we am we am we am we am we am we am."
Accordingly, the defendant interfered with the convenience store business of the victim by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. As to the Defendant’s assertion of the relevant Article of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts, the Defendant and the defense counsel had a mental and physical weak state under the influence of alcohol at the time of committing the instant crime.
The argument is asserted.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it seems that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case. Thus, the above assertion is rejected.
The grounds for sentencing [the scope of recommended sentences] The sentence of sentencing shall be determined in the same manner as the order, comprehensively taking into account the following circumstances under the decision of sentencing in the basic area (from June to January) and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.
- There are many kinds of records of punishment due to violence, business obstruction, intrusion upon residence, damage to property, etc., and the Defendant did not receive a letter from the injured, and the Defendant on October 2, 2014.