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(영문) 의정부지방법원 2017.03.29 2016고단5517
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

In a state where the Defendant lacks the ability to discern things or make decisions due to a divided-type disorder, at around August 16, 2016, around 18:20, the Defendant displayed to customers the upper part of the ship, left door door door door, and door door door of the ship on the ground that the victim D operated by the victim D in Macheon-si on August 16, 2016, without any special reason, and she driven away customers with heavy sounds, such as “at night, at the time of the outbreak, fab c. c.”, and fabbing and hinginging them with heavy sounds.

It was difficult to avoid 20 minutes of disturbance, such as assaulting the birth F of the victim who continuously restrains the defendant, throwing off the drinking disease from the rest area on the ground floor, and destroying it.

Accordingly, the defendant, by exercising force, interfered with the victim's resting business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes governing the photographed person;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

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. The reason for sentencing [the scope of applicable sentences under the Act] Article 62-2(1), the main sentence of Article 62-2(2), the main sentence of Article 59 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of applicable sentences under the law] [the types of decisions] Article 2 years and six months or less of imprisonment [the elements for mitigation [the person who is subject to special sentencing] in the group of crime interfering with the business]: Mental and physical weakness (no one is responsible for the person in question), and the scope of recommended punishment [the scope of mitigated punishment] mitigated area: Imprisonment with prison labor for not more than eight months (the decision of sentenced punishment]; one year of suspended sentence for four months or less; the defendant committed the instant crime during the suspended sentence period, even though he was sentenced to one year of suspended sentence for damage to goods for public use at the District Court on December 18, 2015 and was finally decided on December 29

Therefore, the defendant will be sentenced to imprisonment.

However, it is due to the fact that the defendant led to the crime, and the division-type disorder.

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