logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.02.16 2016고단4356
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On December 7, 2016, the Defendant wishes to become a guest to the “C” drinking house located in Gangdong-gu Seoul Metropolitan Government on December 7, 2016, and to the female employees who enter the said house and work there.

I. The victim D(38) who was the head of the sexual speech "........" laid two beer tweets on the floor and broken down two beer tweets on the floor, and laid the significance in the store, and interfered with the victim's duties of drinking house operation for about 40 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a period of one month to eight months, and the reduction area (Interference with duties) for a mitigated area (one month to eight months) - Special mitigated persons: No penalty shall be imposed;

2. Despite three times the past records of the crime committed by the defendant who was sentenced to a fine for the same kind of violent crime, considering the fact that the defendant committed the crime of this case at a disadvantage to the defendant, considering the fact that the victim does not want the punishment by mutual consent with the victim, the fact that the victim is recognized in this court, the fact that there is no past record of the crime above suspended execution, circumstances favorable to the defendant, such as the defendant's age, sexual behavior, and circumstances before and after the crime, the punishment as ordered shall be determined by taking into account the conditions

Rejection of Public Prosecution

1. On December 7, 2016, around 06:10 on December 7, 2016, the Defendant assaulted the victim’s kneekne on the ground that the victim D’s act of interference with business was prevented as stated in the facts constituting a crime, by entering “C” house located in Gangdong-gu Seoul Metropolitan Government as a customer.

2. The facts charged pertaining to this part of the judgment are set forth in Article 260 of the Criminal Act.

arrow