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(영문) 대구지방법원 서부지원 2014.11.21 2014고단1475
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant was sentenced by the Daegu District Court to a suspended sentence of four months for the crime of interference with business, and the suspended sentence becomes final and conclusive on September 6, 2014, and is currently under the suspended sentence.

At around 21:30 on October 6, 2014, the Defendant: (a) was under drinking alcohol at the “EM store” operated by the Victim D (LA, 49 years of age); (b) was under drinking alcohol by the victim; (c) was under hearing the victim’s words “no longer drinking; (d) was under drinking alcohol; (c) was under drinking alcohol; (d) was under drinking alcohol; and (e) the table table was under drinking; and (d) the victim’s request for returning home from the victim’s friendship F at the same location; and (e) the victim’s request for returning home again was under drinking alcohol for about 30 minutes; and (e) the customer was unable to enter the said drinking point; and (e) the customer was outside of the said place.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Application of inquiry reports and investigation reports, and Acts and subordinate statutes, such as criminal records;

1. As to the Defendant’s assertion on the pertinent Article of the Criminal Act and Article 314(1) of the Criminal Act regarding the crime of this case, the Defendant asserts that he was in a state of mental and physical disability due to cerebral injury, judgment disorder, and drinking at the time of committing the crime of this case, each of the above evidence reveals that the Defendant was in a state of mental and physical disability due to cerebral injury. Thus, according to each of the above evidence, it is recognized that the Defendant had a memory or judgment disorder due to cerebral injury, and was in drinking at the time of committing the crime of this case. However, prior to committing the crime of this case, the Defendant committed the same kind of crime under the influence of alcohol, and continuously brought about the same situation of drinking, without self-regulation, even though it was in a state of gold price needed due to cerebr damage, and the instant case

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