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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 26, 2018, around 14:30 on April 26, 2018, the Defendant sold the victim D (42 tax) located in Nam-gu Incheon Metropolitan City C within the E convenience store operated by the Defendant.
b. whether the victim refuses to engage in any of the following events:
The tear and tear shall be discarded, and the tear shall be discarded.
“Along with a large sound, customers who were able to see the disturbance, such as intending to see the victim due to illness, etc., were unable to enter the place of convenience.
Accordingly, the Defendant interfered with the victim's convenience store operation by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria [the scope of recommended punishment] set forth in Category 1 (Interference with Duties) (one month to eight months) (including special mitigation factors) for the mitigation area (including a serious effort to recover damage);
2. According to the facts stated in the judgment of the criminal defendant, the victim's duty seems to have been obstructed for a considerable time, even though the police sent out to the convenience store was returned to the convenience store, and the victim's duty seems to have been obstructed.
However, there is no idea that the victim would be punished for the police investigation.
The statement was made and the defendant did not have any strong intent to punish the defendant.
The defendant has been hospitalized in a mental hospital for a long time, and it seems necessary to provide mental and medical treatment in the future.
There has been no criminal history for the last seven years against the defendant.
In full view of the above circumstances, the punishment as ordered shall be determined as above.