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(영문) 광주지방법원 2016.04.22 2015고단5120

특정범죄가중처벌등에관한법률위반(면담강요등)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On November 13, 2015, the Defendant: (i) was dissatisfied with the Act on the Aggravated Punishment, etc. of Specific Crimes (in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (ii) and the Defendant’s interference with business on November 13, 2015, on the street in front of the D cafeteria operated by the injured party C (n, e.g., the age of 51) in Gwangju-dong-gu around the day of the same month in front of the D cafeteria operated by the injured party C (n, e.g., the injured party reported the Defendant to the police due to interference with his/her business and was arrested as a flagrant offender

“,” “Nein

It interfered with the victim's restaurant business by force, and at the same time, exercised the power of the victim, who knows necessary facts in relation to the investigation of his criminal case, by avoiding all the cryp and the cryp that he was suffering from the cryp and the cryp, and cryp all the cryp and the cryp that he was suffering from the cryp of the Defendant's sexual flag.

2. The Defendant publicly obscenity committed an obscene act, such as excluding, at the same time and place as, in the foregoing paragraph 1, a majority of people, including C and E, off all the fluences, and show the Defendant’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each description of E and C;

1. Each description of each report on internal investigation;

1. Application of statutes on images of on-site photographs;

1. Article 5-9 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of exercising power), Article 314 (1) of the Criminal Act (a point of interference with business), and Article 245 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes between a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of obstructing duties, and the punishment for a crime of obstructing heavier duties);

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Basic crimes: Interference with the business;