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(영문) 인천지방법원 2015.05.07 2015고단961
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 12, 2015, from around 21:40 to 23:30 of the same day, the Defendant obstructed the victim’s main business by force by force, on the ground that the victim, the owner of the defective business, who arbitrarily brought in the “EM,” was unable to drink the fright,” and that the victim, who was the owner of the defective business, voluntarily brought in the “EM, provoking,” and the victim, who had been on the said main place, had the fright of fright of fright of a fright of a fright of a fright of a fright of a fright of a fright of a fright of a fright of fright of a fright of a fright of a fright of a fright of a fright of a f

2. Intimidation the Defendant had a mind to resist the victim F (the 15-year age), who lives in the family of the Defendant’s reputation, by singing, etc., on the ground that the victim F (the 15-year age) sing.

From December 2014, around 20:00, the Defendant threatened the victim by taking a bath in a large amount. At around 1301, Bupyeong-gu Incheon Bupyeong-gu G 105 Dong 1301, the Defendant: (a) “Modin Modin” and “Badin Modin” and “Badin Modin Modern.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of Acts and subordinate statutes to police statements made to D, F and H;

1. Relevant provisions of the Criminal Act, Articles 314(1) and 283(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. As to the assertion of counsel under Article 62-2 of the Criminal Act on probation and community service order, the defense counsel asserts that the defendant was drunk at the time of each of the instant crimes and was in a state of mental disorder.

Although the defendant seems to have drinking at the time of the above crime, in light of the circumstances and methods of the crime, the contents of the crime, the behavior of the defendant before and after the crime, etc., the defendant lacks the ability or decision-making ability to discern things due to drinking.

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