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(영문) 제주지방법원 2018.09.03 2017고단3105

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

1. On September 16, 2017, at the “D cafeteria” located in Jeju-si, Jeju-si, around 17:00, the Defendant: (a) leased a horse to the victim E ( South, 35 years old) who is the owner of the business to smoke tobacco; (b) the Defendant refused to smoke; but (c) the Defendant’s refusal of the horse’s guxe, spons, spons, and cums.

“The victim’s restaurant operation work was interfered with by force for about 15 minutes by putting the table on which food, alcohol, etc. had been placed, booming the table by hand.”

2. The Defendant, in the same date, at the same place, committed an indecent act by force against the victim, who was on the next side of the above restaurant calculation unit, by scambling the victim’s sexual part twice, and committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV data-related statutes;

1. Article 314 (1) of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In full view of the statutory penalty, nature of the instant crime, the circumstances leading to the aggravation of concurrent crimes, etc., there are circumstances under which the period of personal information registration is set more short than that according to the sentence, pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

It does not seem that it does not appear.

.personal information;