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(영문) 창원지방법원 통영지원 2016.07.14 2016고합42
업무방해
Text

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

Reasons

Punishment of the crime

[criminal record] On November 26, 2012, the Defendant and the person who filed a custody custody application (hereinafter “Defendant”) was sentenced to imprisonment with prison labor for two years and six months for the present main building and the injury resulting from fire-prevention at the Jinwon District Court’s Jinwon Branch, and completed the execution of the sentence at the detention center on January 17, 2015.

[2] On April 5, 2015, at around 21:30, the Defendant, while under the influence of alcohol at a restaurant operated by the victim D (hereinafter referred to as the “victim D”) on April 5, 2015, obstructed the victim’s restaurant operation by force, including interfering with the victim’s operation of the restaurant from April 30, 2016 through the same method, as shown in the list of crimes in the attached list of crimes, all of the victims’ restaurant operations and the main store operations over 15 times.

From June 1, 2006, the Defendant committed a crime corresponding to imprisonment without prison labor or a heavier punishment than the above crime against a person who has a habit of drinking alcohol due to the symptoms of alcohol dependence from around June 1, 2006, and committed a crime corresponding to the above crime. In light of the process of treatment of alcohol dependence, the Defendant’s criminal records, the number of crimes, methods, and circumstances, etc., it is necessary to receive treatment at the treatment and custody facility and the risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Table 112 for the handling of reported cases (2394, 270, 352, 127, 275, 49, 1727, 474, 2463, 2284, 222, 834, 2213, 1917, 384, 510, 1216);

1. Criminal records as stated in the judgment: Inquiry into criminal records and investigation reports (Attachment to the same kind of force);

1. The need for medical treatment as indicated in the judgment and the risk of recidivism: Circumstances in which each of the aforementioned evidence and the Defendant’s medical records, etc. can be comprehensively considered, and ① the Defendant was hospitalized for 87 times from June 1, 2006 to January 24, 2012, and was hospitalized for alcohol dependence on 87 times. ② The Defendant committed each of the instant crimes under the influence of alcohol, and the Defendant committed several violent crimes under the influence of alcohol in the past.

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