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(영문) 대전지방법원 2014.10.22 2014고단1621

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2014, at around 11:40, the Defendant, within the E-cafeteria operated by the victim D in Daejeon Pungsung-gu, where a large number of unspecified meals had been provided, caused the victim to play gambling in the restaurant. In doing so, the Defendant: (a) expressed the victim with a large interest of “this Chewing year, bit bit bit 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 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 a bit of a bit of a bit of a bit

Accordingly, the defendant openly committed obscene acts and interfered with the victim's restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. An on-site photograph of the suspect;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts (a point of interference with business, choice of imprisonment), and Article 245 of the Criminal Act (a point of public performance and obscenity and choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds that the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not identical to that of the sentence and the agreement with the victim.