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(영문) 광주지방법원 2018.06.21 2017고단4569
업무방해등
Text

A defendant shall be punished by imprisonment for six 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

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to editing illness, etc.

[2017 Highest 4569] around 10:30 on October 14, 2017, the Defendant used meals in the E-cafeteria operated by the victim D in Gwangju Northern-gu, Gwangju, for the purpose of referring to the customers who were eating in the E-cafeteria operated by the victim D, “I see why she would be able to shot,” and “I see that I am to see the customers who want to enter the restaurant,” and “I am to am on the table, I am to the customers who want to enter.”

In order to the effect that “the victim’s restaurant operation was obstructed by force, such as having customers who were in the restaurant receive a disturbance, etc., such as having them leave the restaurant, etc.

[2018 Highest 1632] On January 7, 2018, the Defendant: (a) around 07:30 on January 7, 2018, the Defendant: (b) removed from the head of the apartment Xxxxx; and (c) removed from the head of the door, “it is a person who kills inland water,” without any justifiable reason, caused damage to the present door digital finger at the market price of KRW 230,000,000.

Summary of Evidence

[2017 Highest 4569]

1. Legal statement of the witness D;

1. Written statements of D;

1. Investigation report (2018 high order 1632);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 369(1) and 366 of the Criminal Act (the point of destruction of special property), and the choice of imprisonment with prison labor, respectively;

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

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act are as follows: (a) the Defendant has a criminal record of imprisonment for the same kind of crime; and (b) the victims’ damage has not been recovered.

However, the defendant.

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