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(영문) 부산지방법원 2014.09.25 2014고단6516
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

"2014 Highest 6516"

1. On October 30, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court for interference with business, etc., and completed the execution of the sentence on April 29, 2013. On December 20, 2013, the same court sentenced eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. and completed the execution of the sentence on May 11, 2014.

From around 22:30 on July 23, 2014 to 23:00 on the same day, the Defendant, without any justifiable reason, took a bath, such as “Seb,” an unspecified customer who flabing alcoholic beverages on the side blab while drinking alcoholic beverages in the “E,” and interfered with the victim’s packing horse business by force by avoiding disturbance for about 30 minutes, such as flabing cats and plastics on the floor.

"2014 Highest 6945"

2. On June 15, 2014, around 16:10 on June 15, 2014, the Defendant was in a publicly obscene act of 30 minutes of exposure to a sexual flag to a female from a place where many and unspecified people, such as F, etc., are in the vicinity of the Namdo 130-ro, Namdo 130, Namdo 130.

Summary of Evidence

[2014 Highest 6516]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous offense: An investigation report (recognating and confirming repeated crimes, etc.);

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles 314 (1) and 245 of the Criminal Act and imprisonment, respectively, with prison labor, in respect to the relevant criminal facts, the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Although the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is against the defendant and the defendant has to support his mother, it is possible to repeat the crime in the instant case even if the performance and obscenity record was committed, and it is possible to repeat the crime again.

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