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(영문) 서울남부지방법원 2017.02.02 2016고단4810

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 22, 2016, from around 12:55 to 13:35 on the same day, the Defendant: D’D’ restaurant where the Victim C (49 years of age) in Guro-gu Seoul Metropolitan Government as the manager works for the victim C (49 years of age). On September 22, 2016, the Defendant wishes to see “I am hick, hick, and die,” to the customers of the next tebs without any reason.

The brupt and pulse the sexual organs, while taking the brush of a pair of fules, etc.

For about 40 minutes, it interfered with the victim's restaurant business by force, such as viewing the side on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense, Article 314 of the Criminal Act of the choice of punishment, and circumstances favorable to the reasons for sentencing of imprisonment: The victim is not subject to punishment;

(k) Unfavorable circumstances: The degree of interference with business, such as breathing sound under the influence of alcohol and seeing urines in the restaurant business place, is not easy.

Many criminal records including criminal records, and the crime of this case is committed during the suspension period of execution due to the crime of obstruction of business at the same place.

In addition, various sentencing conditions, such as character, conduct, means and consequence of the defendant, and circumstances after the crime, shall be considered.