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(영문) 서울남부지방법원 2019.01.16 2018고단6562
업무방해등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On March 24, 2016, the Defendant sentenced the Seoul High Court to three years of imprisonment with prison labor for causing injury to special obstruction of performance of official duties, etc., and completed the execution of the sentence on June 24, 2018.

【Criminal Facts】

1. On August 27, 2018, the Defendant: (a) around 10:00, around the Jeju-si Jeju-si Branch of K Bank; (b) around the Jeju-si Branch of K Bank; (c) without any particular reason, extracted 10 pump 10,000 won in total at the market price for landscaping in the portion of landscaping, which is owned by the manager in the name of the L Center at Jeju-si; and (d) laid down 10,000 won in the floor.

Accordingly, the defendant damaged the victim's property.

2. On August 27, 2018, from around 11:07 to around 11:14 of the same day, the Defendant: (a) took care of the victim N’s parking lot located in Jeju-si for seven minutes; (b) took care of the victim’s chip, without any particular reason, the Defendant: (c) took a bath at the entrance of the parking lot; (d) put the victim’s chest, who gets out of the parking lot, with sand fluor and lacon; and (e) put the victim’s chest to his head.

Accordingly, the defendant interfered with the victim's parking lot operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the N orO;

1. Written estimate;

1. Other relevant photographs;

1. Previous convictions in the judgment: A criminal investigation report (verification of the period of repeated crime of a suspect), criminal records, and the defendant alleged that the defendant suffers from depression, labor-management disorder, and tidal wave for a long time that lacks normal judgment ability. As such, it shall be regarded as a mental or physical disability and judged as a mental or physical disability, and the defendant's mental state is somewhat unstable, but the defendant was diagnosed in relation to mental illness in an investigative agency and this court, and the defendant was diagnosed in relation to mental illness;

In light of the fact that there is no evidence to acknowledge the fact that a person received a mental therapy or a mental therapy, the above situation is further at the time of each of the crimes in this case.

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유사 판례