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Reasons
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(영문) 대구지방법원 김천지원 2016.05.18 2016고단98
업무방해등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 20, 2015, the Defendant obstructed the Defendant’s restaurant business by carrying the table table of other customers at the D restaurant operated by the victim C (V, 53 years old) located in Gumi-si B on December 20, 2015, with the large voice of “I ambling, I ambling, I ambling, I ambling,” and “I ambling, I ambling, I ambling, I am out of the room,” and interfering with the Defendant’s restaurant business by force of approximately 40 minutes.

2. The Defendant, at the time and place indicated in the above paragraph 1, obstructed the restaurant business as above, and caused the above victim to see this, and thereby, the Defendant committed an indecent act by force against the victim, i.e., the victim’s chests about 3 to 4 times due to the fingers, and the victim again rejected the victim’s chests as “the knife on the chest,” but the victim took a knife by force against the victim’s chests.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report the occurrence of cases subject to forced indecent conduct;

1. Article 314(1) and Article 298 of the Criminal Act and the selection of fines for a crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good for the crime of this case, if a conviction on the crime of Article 334(2) of the Criminal Procedure Act, which is a sex offense subject to registration of personal information, becomes final and conclusive by taking into account the following factors: (a) the defendant's mistake is divided; (b) the defendant has agreed with the victim; and (c) the defendant's age, occupation, sex, family relationship, and circumstances after the crime has been committed, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (b) the defendant becomes a person subject to registration of personal information under

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