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(영문) 의정부지방법원 2012.10.12 2012고합454
업무방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On April 21, 2010, the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for habitual fraud on April 21, 201 and completed the execution of the sentence on May 17, 201.

1. On July 27, 2012, the Defendant: (a) around 09:00, at the “E” Market operated by the victim D (Inn, 42 years of age) located in the Gu government apartment commercial building; and (b) at the “E” Market, the Defendant left the tenant displayed within the said shop in mind with the mind of the said tenant, and flusing them within the said shop; and (c) provided the victim with a bath to the said store.

Therefore, the victim reported to the police and sent the defendant out of the locking area, but the defendant did not go out of the locking area, and again repeated the same behavior, etc., for about 3 hours from around 12:00 of the same day, which interfered with the victim's Schlage business by force until around 12:00 of the same day.

2. The Defendant, at the “G,” pharmacy operated by the victim F (V, 37 years of age) in the apartment commercial building in the same temporary border, obstructed the victim’s pharmacy’s business operation by force for about 1-hours by avoiding disturbance, such as: (a) having brought about in the “E” supermarket; (b) having taken a bath to the victim; and (c) having found the above pharmacy at around 11:30 on the same day; (d) having found the above pharmacy and the victim at around 11:30 on the same day; and (b) threatening the victim to “Wi-kicking to show the knick,” and making great sounds.

[Facts of the grounds for medical treatment and custody] The Defendant committed a crime corresponding to imprisonment without prison labor or heavier punishment as stated in the above crime against a person who has a habit of drinking alcohol, and there is a need to receive medical treatment for alcohol dependence at a medical treatment and custody facility, and the risk of recidivism is also recognized.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Each CCTV photograph;

1. Judgment.

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