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(영문) 인천지방법원 2015.08.13 2015고단3726
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On June 20, 2015, around 01:30 on June 20, 2015, the Defendant: (a) in the E-practice room operated by the Victim D in Nam-gu Incheon Metropolitan City; (b) the fact is false as if the Defendant did not intend or have an ability to pay a charge, and (c) had the victim paid a charge for a singing practice room, etc.; and (d) thereafter, the Defendant acquired the money by fraud by means of not paying the charge, even if the Defendant received a total of KRW 28,00,000 for one hour from

2. From around 02:30 on June 20, 2015 to 03:10, the Defendant obstructed the operation of the victim’s singing practice room by force, such as: (a) the Defendant demanded the victim D to calculate fees and to leave the room at the above location, “I do not want to go out of who is a packer, who is a hacker, who is a hacker, who is a hacker, who is a hacker, who is a hacker, or who is a hacker who has a hacker who has a hacker who has a funeral.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site reports;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act, the choice of imprisonment for a crime;

1. As to the defense counsel’s assertion of defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the defendant asserts that the defendant was in a state of mental disability as he was drunk at the time of committing the crime.

However, in light of the circumstances and methods of the crime, the details of the crime, the defendant's behavior before and after the crime, etc., it seems that the defendant lacks the ability to discern things or make decisions due to drinking.

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