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(영문) 창원지방법원 통영지원 2018.08.17 2018고정158
업무방해등
Text

The sentence of sentence against the defendant shall be suspended.

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

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to an on-site illness, the Defendant: (a) from October 22, 2017 to October 14:35 of the same day, he was able to take a bath at the D Et located in macro-si C with a large interest; and (b) the victim E, the head of which was the victim E, was able to restrain the Defendant, and he was found until she was fested.

With the view of “,” etc., they interfered with the business of a victimized person by force by having customers go in a marina, thereby obstructing him/her from doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As to the defense counsel’s assertion under Article 59(1) of the Criminal Act (the first offender, the Defendant appears to have committed a crime under the mental and physical weakness due to early illness, the victim’s failure to want the punishment of the Defendant, the mother of the Defendant is performing safe guard and continuous medical treatment against the Defendant, and other circumstances constituting the conditions for sentencing as well as the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the argument of this case) of the suspended sentence, the defense counsel at the time of the crime of this case committed the Defendant’s mental and physical loss.

The argument is asserted.

However, in full view of the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the attitude at investigation agencies and courts recognized by the record, the Defendant lost the ability to discern things or make decisions at the time of the instant crime.

It is not visible.

Therefore, it is true.

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