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(영문) 수원지방법원 2017.11.23 2017고단3546
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 26, 2017, the Defendant damaged the victim’s property by destroying the victim’s “E” restaurant working for the victim D (n, 18 years of age) located in the Suwon-si Suwon-si Suwon-si, in a manner that, without any reason under the influence of alcohol, the total market value of the victim’s management in the relevant restaurant is at least 5,100,000 won, 5, 5, 5, 5, 1, 1, and 1,000 won of the market value of the victim’s management in the relevant restaurant, without any reason.

2. The defendant shall take the sex organs out of the victim who had worked at the date, time, place, and place described in paragraph (1).

The public made an obscene act such as enjoying a cafeteria on the floor of the restaurant.

3. The Defendant, at the time, at the time, at the place specified in paragraph 1, brought the victim’s bath on the floor of the materials located therein as described in paragraph 1 while taking the victim’s bath on the floor, and interfered with the victim’s restaurant business by viewing the cafeteria on the floor of the restaurant as described in paragraph 2.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each statement of D and F;

1. On-site photographs;

1. Reporting on investigation (Submission of estimated damage);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 245 of the Criminal Act (a point of obscenity in a public performance), Article 314 (1) of the Criminal Act, and the choice of fines, respectively;

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the method and content of each of the instant crimes, and the Defendant was sentenced to a suspended sentence of six months on September 23, 2016 due to a violation of the Road Traffic Act (driving of Drinking) at the Sungnam support center, which was sentenced to a suspended sentence of two years on September 23, 2016, and committed each of the instant crimes, and did not agree with the victim.

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