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(영문) 대구지방법원 2019.08.16 2019고합220

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On June 1, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Daegu District Court for the crime of interference with business, and the execution of the sentence was terminated on May 29, 2018.

【Criminal Facts】

1. Interference with business and obscenity;

A. At around 11:50 on May 26, 2019, the Defendant: (a) was unable to have the victim’s “Kcafeteria” located in the Daegu Suwon-gu, Daegu Suwon-gu, without having to place a dog, and in response to the victim’s “Kcafeteria,” and (b) caused the victim to undergo a disturbance, such as: (c) “A dog, dead, knick, a knick, a knick, and a knick.” (d) the victim sent out of the restaurant and talked with the victim, and (d) the police officer in receipt of the report continued to take a bath until the police officer was dispatched.

Accordingly, the defendant interfered with the victim's restaurant operation by force for about 30 minutes.

B. The Defendant publicly obscenity committed an obscene act by openly putting out her sexual flag out of the husband and her son of the proprietor of the said restaurant, who was in a disturbance at the same time and place as the above 1-A, at the same time and place as above 1-A.

2. Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

A. On May 17, 2019, the Defendant: (a) committed a crime on November 1, 2018, 05:50 on the Defendant’s home, and committed a disturbance, such as passing through singing and singing at the Defendant’s house; and (b) was arrested as a crime committed in the course of committing an act of assaulting and assaulting against the victim who was a lessee of the same floor as the Defendant (the police officer aged 51).

At around 21:00 on May 17, 2019, the Defendant expressed the victim’s home in Daegu Ma, “I am ice, I am her, and I am her opening.” The Defendant expressed that “I am ice, I am her, I am her, and I am her to am her face with the victim’s hand and her hand, and the victim she has the front door in the victim’s face, and then she threatens the victim’s face, as I am her face.”