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(영문) 대구지방법원 2013.07.11 2012고정4588
강제추행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 25, 2012, at around 00:05, the Defendant obstructed the victim’s bar business by entering the E main hotel operated by the victim D (at around 00:05, the age of 29) located in C, and by forcing the victim to return home by having the disturbance “a sprinking sprinks and sprinks” without any justifiable reason while drinking, but demanding the victim to return home. However, the victim’s bar business was obstructed by force by forcing the victim to keep the disturbance continuously for about 35 minutes from around 0:40 on the same day, such as making the victim’s bath that “a sprinks sprinks sprinking sprinks sprinkings”.

2. 모욕 피고인은 전항과 같은 날 01:00경 같은 장소에서, 전항과 같이 피고인이 행패를 부린다는 신고를 받고 출동한 피해자인 경산경찰서 F파출소 근무 경사 G, 경장 H이 신고자인 D, I에게 신고내용 등에 대해 확인을 하자, 피고인이 경찰관인 위 피해자들에게 “야이 씹할 새끼들아, 너거 한통속이네, 좆만 한 짭새들아”라며 고함을 질러 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Each police statement made to G, H and I;

1. Application of the Acts and subordinate statutes governing complaints filed by D, G and H;

1. Relevant Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act (the point of interference with business, the choice of fines) concerning facts constituting an offense; and Article 311 of the Criminal Act (the point of insult and the selection of fines);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) around 00:50 on April 25, 2012, the Defendant: (b) on the street in front of the E main office operated by the victim D located in Busan-si; (c) the Defendant interfered with his/her business; (d) the Victim and I, an employee of the Defendant, kids from the Defendant, and the victim.

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