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(영문) 부산지방법원 동부지원 2013.12.11 2013고단2690
업무방해등
Text

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

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and two months in violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, etc.) at the Busan District Court on July 19, 2012, and completed the execution of the sentence at the Busan Correctional Institution on December 27, 2012.

From October 19, 2007 to November 8, 2007, the Defendant had been receiving medical treatment due to an unknown mental fission in the D Hospital located in Busan Metropolitan City, Busan Metropolitan City.

On June 4, 2013: (a) around 13:15, the Defendant: (b) obstructed the victims’ hotel guard work by force by failing to enter the hotel because of the mental disorder and drinking as seen above, the Defendant: (c) obstructed the victims’ hotel guards, G, and the victim H, who are hotel employees, with the lack of the ability to discern things or make decisions; (d) under the influence of making it possible for them to discern things due to such mental disorder and drinking as seen above; and (e) preventing them from entering the hotel due to drinking, such as flicking, etc., and preventing them from entering the hotel.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or H’s statement;

1. Protocol of the police statement concerning G;

1. Investigation report (the details, etc. of medical treatment);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 314 (1) of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Part concerning the rejection of prosecution under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury

1. Summary of the facts charged

A. On May 25, 2013, the Defendant: (a) at around 20:10 on May 25, 2013, the Defendant was prohibited from having access to the said hotel from the victim G (the age of 45) who is an employee of the said hotel at the entrance of the F hotel located in Busan Shipping Daegu E, because of lack of the ability to discern things or make decisions due to such mental fission and drinking; and (b) on the ground that the said hotel casino is an exclusive business site for foreigners, the Defendant was “at night.”

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