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(영문) 대구지방법원 2017.06.21 2017고정883

업무방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Power of crime] On January 26, 2017, the Defendant was sentenced to imprisonment with prison labor for six months in the Changwon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Observance of Secrecy, etc.) and the judgment became final and conclusive on April 28, 2017.

[Criminal facts]

1. On July 26, 2016, the Defendant who interfered with the business shall not see that “D” convenience points operated by a person who is unable to know the name at the 8 entrance in Daegu, Daegu, as of July 26, 2016, is infinite E, who is an employee.

B. We know what it is.

Therefore, while taking a bath at the large interest of the year, A, A, A, A, A, A, B, and B, I would like to avoid the disturbance, taking the above E, thereby obstructing the victim's convenience store business by force.

2. While three customers, such as F, etc., are heard at the time and place as described in paragraph (1), the Defendant sexually insultingd the victim E by openly obcing the victim as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Complaint;

1. CCTV closure photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, search of cases, and application of text of judgment;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;