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Reasons
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(영문) 서울중앙지방법원 2016.11.23 2016고정3107
업무방해등
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 30, 2016, the Defendant was sentenced to imprisonment with prison labor for four months at the Seoul Central District Court for damage to public goods, etc., and the judgment was finalized on September 7, 2016.

The Defendant, at around 20:30 on July 14, 2016, under the lack of the ability to discern things or make decisions due to a mental fission, etc., the Defendant: (a) neglected the right of the Defendant, a tenant, who is living in the said public notice database, including the Defendant, in the corridor, Gangnam-gu Seoul, Seoul, the victim B 4th floor C (the age of 66) around July 14, 2016; and (b) interfered with the victim’s work for about 20 minutes by force, by neglecting the right of the Defendant, who is a tenant living in the said public notice database, including the Defendant.

The Defendant of Gangnam-gu, Seoul, is a person who resides in the "D Public Notice Hostel" managed by the victim C (the age of 66) of Gangnam-gu.

On July 29, 2016, the Defendant got a failure at the above public notice tele on July 29, 2016, and the victim reported it to 112.

At around 20:00 on July 29, 2016, when the Defendant lacks the ability to discern things due to mental fissions, etc., the Defendant had the victim reported within the 4th floor of the above published 20:00, and had a monitor at the entrance and a scam, etc. in contact with the person who has been on the floor at the entrance, thereby impairing the utility of repair costs.

Summary of Evidence

1. Previous convictions: "2016 High Court Decision 3107";

1. Partial statement of the police interrogation protocol of the accused;

1. C’s statement;

1. CCTV photographs "2016, 3108";

1. Police suspect interrogation protocol of the accused;

1. Written statements of F, G and C;

1. Application of statutes on photographs of damage;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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