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(영문) 인천지방법원 부천지원 2018.01.10 2017고단1455
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2017. 4. 8. 15:30 경 부천시 C에 있는 D 식당에서 식사를 하면서 음식에 대해서 불평을 하던 중 그 곳 관리 자인 피해자 E( 여, 28세 )에게 “ 너 말고 주방장 나와!”, “ 뻥 순아! 양년 아! 씨 발!”, “ 야! 너! 씨 발!” 등의 욕설을 하고 식당에 드러누워 약 30 분간 소란을 피웠다.

Accordingly, the Defendant interfered with the victim's initial house business by force.

2. 강제 추행 피고인은 2017. 4. 8. 16:00 경 위 장소에서 피해자에게 “ 뻥 순아! 양년 아! 너 다리 사이에 나왔다!

“..........”

“The victim’s bucks inside the bucks of the victim by hand, and the victim’s bucks to face a buck, and after the victim’s buck to face a buck, the victim’s bucked to the victim.

"The body of the defendant was the body of the victim" and was the body of the defendant.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the processing of CCTV recorded CDs and the Act and subordinate statutes governing the processing of reported cases;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under the grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the

- The defendant has a high number of criminal records of the same kind.

Recently, on May 8, 2015, the Incheon District Court was sentenced to one year of suspension of execution and one year of observation of protection for the crime of injury in the last six months of imprisonment with prison labor for the crime of injury, and on December 15, 2016, the Incheon District Court was sentenced to eight months of imprisonment with prison labor for the crime of interference with business in the Busan District Court's Branch Branch.

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