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(영문) 대전지방법원 천안지원 2016.08.11 2016고단733
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

. D. A. D. (39) has not set up the Defendant out of the above restaurant, and “a.e., wrapping.”

"In drinking, assaulted the victim's face face twice by drinking."

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation and arrest of a case;

1. Article 314 (1) and Article 260 (1) of the Criminal Act (the point of interference with business) against the crime and the selection of imprisonment with prison labor for each case;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: Provided, That the same shall not apply to cases where a person commits concurrent crimes;

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. Where the degree of violence is minor (one month to eight months) in the mitigation area (one month) in the area of reduction (one-eight month to eight months) in the area of force or deceptive scheme, or the degree of interference with business, for the reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution (the scope of recommended punishment) (one month to eight months) in the mitigation area (one month to eight months), the mitigation area (the scope of recommended punishment) in the first type of assault (the special mitigation person) in the mitigation area (one month to eight months), the mitigation area in the mitigation area (the special mitigation person), the degree of violence is minor (the first class, six, and seven types): the final sentencing scope in the mitigation area in the majority punishment * Decision of sentence : Before the judgment and after Article 37 of the Criminal Act, the sentencing criteria are not directly applicable; the sentencing criteria or the above recommendation scope is not applicable; and the defendant's treatment and conviction, which is one of the whole alcohol norms after being sentenced after being sentenced by the court.

(2) The Defendant and his defense counsel asserted that the Defendant had committed the instant crime with weak mental and physical disorder due to alcohol dependence, but it is insufficient to view that the Defendant, solely on the ground of alcohol dependence, has reached the instant crime with weak ability to discern things or make decisions. Therefore, this part of the allegation is rejected).

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