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(영문) 대전지방법원 천안지원 2020.02.07 2019고정726
업무방해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a guest who visited BJ clubs, and the victim C (ma, 49 years old) is a member of the age club.

1. On September 14, 2019, around 23:40 on September 14, 2019, the Defendant interfered with business: (a) entered a Ba-gu, Seo-gu, Seo-gu, Seocheon-si; and (b) entered a Ba-dong, Seo-gu, Seo-gu; and (c) became a vision for employees and alcohol issues.

A defendant who is dissatisfied with this complaint shall be the next day.

9. From 15. 02:15 until 02:15, approximately 2:30 minutes and 30 minutes of a set of time interfered with the victim’s contact service by exercising power against many unspecified customers who enter the niverse club by standing in front of the nivers’ entrance, drinking alcohol, and allowing them to enter the nivers, such as “I will not have to enter the nivers. I will file a complaint.”

2. A public performance and obscenity Defendant publicly committed obscene acts, including the act of viewing his sexual organ in front of the victim and other unspecified persons, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Public performance, obscene photographic materials, etc.;

1. Application of Acts and subordinate statutes to investigation reports (victim C telephone conversations), investigation reports (CCTV image data attachment);

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 245 of the Criminal Act and the selection of fines for the crime;

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

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the above order, prevention of sex crimes subject to registration that may be achieved therefrom, and effect of protecting victims, etc., as a whole, the exemption of the employment restriction order under Article 334(1) of the Criminal Procedure Act.

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