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(영문) 서울남부지방법원 2018.06.08 2018고단1465
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【Criminal Force” On July 4, 2016, the Defendant was sentenced to four months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the sentence on June 9, 2017.

【Criminal facts” around 00:10 on March 9, 2018, the Defendant interfered with the victim’s restaurant business by avoiding disturbance, such as “Cyp years, if reported, will not governance from the internal date, and will die in the hands,” and holding the knife on the floor of the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Records of crime: Application of a written reply to inquiries, such as criminal records, (A), investigation reports ( repeated crimes and reports on violent records);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The defense counsel regarding the defense counsel’s mental and physical disability under Article 35 of the Criminal Act for aggravated repeated crimes

The argument is asserted.

According to the legal statement of the defendant and the written protocol of interrogation of the suspect against the defendant, the defendant may be found to be unable to memory the situation of the crime under the influence of alcohol. However, in light of the fact that the defendant himself/herself expressed an intent to the victim, the fact that he/she expressed an intent to the victim, the details of the victim's report, etc., the above facts alone are insufficient or weak to distinguish things or make decisions under the influence of alcohol at the time of the crime

It is insufficient to recognize it.

Even though the defendant was in a state of mental or physical loss or mental weakness, the defendant repeated committing a crime under the influence of alcohol, when examining evidence on the criminal records of the defendant.

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