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(영문) 서울중앙지방법원 2020.08.20 2020고정1137
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around December 21, 2019, the Defendant, at around 22:20 on December 21, 2019, insulting the victim of sexual harassment publicly insultingd the victim D, who is the cause of service, by drinkingly speaking, while numerous people, including subway users, around the third floor waiting rooms of subway stations located in Dongjak-gu Seoul Metropolitan Government, the third floor of subway stations. In addition, the Defendant: (a) told the victim of sexual harassment by stating that the victim “inception is well discarded; (b) inside the Republic of Korea.”

2. The Defendant interfered with the business of the victim by abusing the victim’s “Cexpule” against the victim for about 50 minutes on the ground that the victim D, who caused the service at the time and place specified in paragraph (1), did not properly receive his/her civil petition, thereby obstructing the victim’s safety of passengers and customer service by force by avoiding disturbance, such as going through a disturbance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. A complaint filed in D;

1. Each investigation report (Analysis of voice recording files submitted by a victim, and investigation into telephone conversations between the victim and the other party);

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Article 314 (1) and Article 311 of the Criminal Act and Article 311 of the same Act concerning the facts constituting an offense, the selection of a fine, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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