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(영문) 서울북부지방법원 2017.03.16 2017고단4
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 30, 2016, at around 01:30, the Defendant: (a) demanded the victim C’s wife located in Jung-gu Seoul, Jung-gu (Seoul) to wear clothes; (b) provided the victim’s wife E with a large voice; and (c) provided the victim’s wife E with a large voice; and (d) provided the victim’s wife E with a heavy voice and talking the victim’s wife at the front of the D main shop; and (b) took the victim’s wife with a large voice and talking the victim’s wife; and (c) interfered with the victim’s “D main shop” business for a period of about one hour by force by causing the victim’s wife to out of his sexual organ.

2. The Defendant had obscenity at the time, time, and place specified in paragraph 1, on the ground that the victim’s wife E among the daily behaviors and sights was prevented, and had about 10 customers, saying “I am hyp hyp hyp and sing one hyp,” and carried out a publicly obscene act for about 2 minutes by putting off her sexual organ, and her 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 report on investigation (to listen to statements by victim telephone);

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 245 of the Criminal Act (the point of obscenity in public performance), and the selection of fines 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The commission of crimes and reflectivity, victims C and E, with the history of a multiple punishment due to the nature of crime, bad faith, violence, property damage, insult, etc.

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