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(영문) 울산지방법원 2017.08.10 2017고단1902

업무방해등

Text

A defendant shall be punished by imprisonment for not less than five months.

The defendant shall order the completion of the sexual assault treatment program for 24 hours.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 14, 2016, the Defendant was sentenced to a suspended sentence of two years at the Ulsan District Court for the crime of injury, and the said judgment became final and conclusive on October 22, 2016, and is currently under suspended sentence.

[Criminal Facts]

1. On May 31, 201, 201, at D main points operated by the victim C in Ulsan-gu, Ulsan-gu, 001, the Defendant: (a) was drunkly bread by the victim, who “absing home because he/she completed his/her business” from the victim; (b) “absing bit of a bit of a bitbit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of

The lower and lower levels of twelves, etc. left the floor and the twelves, and the customers in the place were allowed to leave from the above twelves.

Accordingly, the Defendant interfered with the victim's main business by force.

2. The Defendant in a public performance may give a bath to the police officers and take a part in the entry on the date and time, place, and place mentioned in the preceding paragraph, and in a manner that the police officers called out after receiving a report from 112 to the effect that the guests are fluoring together at the place, may have the Defendant returned home, and the police officers are deemed to have the Defendant returned home. The Defendant shall leave the place and take part in the b

By hand, the sexual organ was openly obscene in a way that scams the sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image photographs);

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 245 of the Criminal Act (the point of obscenity) and the choice of imprisonment with prison labor for each crime;

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. Reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, include the following: (a) the Defendant’s act is against the offense; (b) the offense committed under the state of somewhat lacking judgment and self-control capacity under the influence of alcohol; and (c) an agreement with the victim interfering

However, the defendant's remarks are very insulting and the victim is without good cause.