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(영문) 수원지방법원 안산지원 2015.04.22 2014고단1506
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 6, 2014, from around 01:25 to around 01:45 on the same day, the Defendant interfered with the business of a woman’s main business by force by having the four customers, who are seated in the table, take a bath on the table, let the four customers who drink the drinking, leave the place.

2. The Defendant, at the above time and at the above place, committed indecent acts by compulsion, while interfering with the victim’s main business as seen above, committed indecent acts by compulsion by compulsion by compulsion by force by taking the victim’s upper arms with the defect “I had been under the influence of alcohol,” and by making two times the left chest on the part of the victim.

Summary of Evidence

1. The defendant's partial statement in court (the defendant and his defense counsel are punished for each of the crimes of this case under the influence of alcohol of the defendant, and thus, it is argued to the purport of mental and physical disability. According to the records, although the defendant was found to have drinking at the time of committing the crime, it does not seem that the defendant had the ability to discern things or make decisions, and therefore the defendant and his defense counsel's assertion is without merit)

1. Statement made to D by the police;

1. A E-document;

1. Application of statutes on site photographs;

1. Relevant Articles 314(1) and 313 of the Criminal Act, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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

1. Article 62(1) of the Criminal Act on the stay of execution has not yet been recovered from damage to the victim. However, each of the crimes of this case has been led to confessions and reflects by the defendant, the degree of damage to each of the crimes of this case has not been significant, and the damage to the victim has not been significant, and only a fine imposed on the defendant with a large amount of punishment, but only a fine imposed on the defendant, except once a suspended sentence is suspended, and there is no criminal power against the defendant

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