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(영문) 광주지방법원 2016.07.06 2016고단1590
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[criminal history] On April 8, 2015, the Defendant was sentenced to eight months of imprisonment for compulsory indecent act at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on December 5, 2015.

[Criminal facts] On March 27, 2016, the Defendant entered a "D" restaurant operated by the victim C (V, 28 years old) located in Gwangju Dong-gu, Gwangju, about 19:10 on March 27, 2016, and entered the next table table for female customers who are not on food in the next table.

’라고 하면서 바지를 벗으려는 시늉을 하고, 또 다른 남자 손님이 식사 중인 테이블에 가서 반찬을 집어 먹을 때 주인인 피해자가 이에 항의하자 약 20분 동안 욕설을 하면서 소란을 피워 위력으로써 피해자의 식당 영업 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (on-site conditions) and on-site photographs;

1. Previous offense: Application of Acts and subordinate statutes to criminal career data and investigation reports (verification of repeated offense);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (from June to January to June) (no person who has any special sentencing seal] shall be the one.

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The victim does not want criminal punishment against the defendant.

The defendant committed the crime of this case again during the period of repeated crime after the execution of punishment, such as the record of the crime, was completed.

The Defendant shall be punished by a fine of KRW 1.5 million on October 201, and a fine of KRW 5 million on January 201, 201 by obstructing the performance of public duties and obstructing the performance of duties on January 201.

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