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(영문) 부산지방법원 서부지원 2020.02.19 2019고단1095
업무방해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

"2019 Highest 1095"

1. On August 19, 2018, the Defendant causing property damage: (a) around 06:00 on August 19, 2018, the prosecutor of the D sports marina business establishment located in the 3rd floor of Busan, which was operated by the Victim B, brought a public prosecution against “D” in the Busan, Seosan-gu C; (b) however, this court determined that the Defendant’s exercise of defense does not interfere with the Defendant’s legitimate exercise of defense in light of the evidence duly adopted by this court and the content and process of the instant public trial; and (c) without any amendment of indictment, the Defendant changed it to “D sports marina business establishment located in the 3rd floor of Busan, Seosan-gu, Busan, by changing it to “D

(hereinafter “instant store”) set the body of the victim-owned phone (hereinafter “the instant phone”) on the Kabter (hereinafter “the instant phone”) via a flooder of the instant phone, and damaged the instant phone by setting the instant phone on the floor so that the cost of repairs in value may be excessive.

A prosecutor has instituted a public prosecution stating that “the repair cost equivalent to KRW 50,00 is damaged,” but it is determined that this court does not interfere with the defendant’s exercise of the right to defense in light of the evidence duly adopted by this court and the contents and process of the public trial of this case, and therefore, without the procedures of Amendments to Bill of Indictment, changed it to “the telephone apparatus of this case was damaged so that the repair cost would be excessive.

2. On March 4, 2019, around 14:50 on March 4, 2019, the Defendant assaulted the victim by spiting the victim’s face on three occasions at the instant store.

3. On March 5, 2019, the Defendant: (a) around 06:00 on March 5, 2019, the Defendant: (b) owned by, or managed by, the victim in the manner that, around 10 minutes from the entrance of the instant store, the locked entrance of the instant store was shakingd in hand; (c) several times, the strings of the entrance knick, and the strings of the above entrance knick, and the strings of informing the customer’s entry, fall off on the floor.

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