(영문) 창원지방법원 2020.04.10 2019고단3768

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.04.10 2019고단3768

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Power】 On December 13, 2018, the Defendant was sentenced to two years of suspended sentence to one year of imprisonment with labor at the Changwon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on December 21, 2018, and is still under suspended sentence.

【Criminal Facts】

1. On May 26, 2019, the Defendant obstructed business: (a) around 00:10 on May 26, 2019, at the D Sing shop operated by the victim C (hereinafter “C”) on the third floor of the building B at Changwon-si; (b) the Defendant received a demand from the victim to pay the drinking value by ordering the two owners; (c) the Defendant refused the demand, and (d) the Defendant stated that “if any other customer does not have any contact, and does so, it is an illegal business.” On the other hand, the Defendant was unable to bring a disturbance for about 40 minutes, such as photographing a video with a cell phone while going back to the room where other customers are located.

Accordingly, the Defendant interfered with the victim's singing-store business by force.

2. Indecent acts by compulsion;

A. On July 3, 2019, the Defendant: (a) around 22:48 on July 3, 2019, the Defendant reported that the victim C, the owner of the business, is enjoying from the shock shocks on the side of the Kashter; and (b) was seated on the side of the victim; (c) did not occur from the victim’s body by inserting the elbow between the two legs of the victim; and (d) tried to kid the victim’s chest, and kid the face by leaving the victim’s face into the victim’s face.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. On July 28, 2019, the Defendant: (a) around 22:30 on July 28, 2019, 2019, reported that the victim C, the owner of the business, was seated at the shock of the knickter; and (b) was seated above the victim’s chest, and tried to have the face covered by the victim’s face.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C and E;

1. Each police statement with respect to F. F.

유사 판례

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-부산지방법원 2020.02.13 2019고단5756

-창원지방법원 진주지원 2016.05.12 2016고합27