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(영문) 광주지방법원 2018.10.05 2018고단1011

업무방해등

Text

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

On February 22, 2018, the Defendant, at around 21:30 on February 22, 2018, told the victim D (n, 51 years of age) who was in Gwangju Northern-gu, that the next danb customer smokes tobacco, provided that the victim was able to flick the other customers and talk, flick the victim’s head knife at one time, flick, flicking theme, flick, and flicking theme, and flicking 30 minutes of pacts in the above dan.

Accordingly, the defendant interfered with the victim's dan business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs by field photographs and CCTV closures;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine (including the details of the crime, violence and other crimes that have been punished for a multiple number of crimes, but after 2008, the circumstances shown in the records and pleadings, such as the punishment of traffic-related crimes in 2010, the punishment of a fine in 2014 is not imposed, except for the crimes of assault and violence, the agreement with the victim is written, and the mistake is divided);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On February 22, 2018, the Defendant, at around 21:30 on February 22, 2018, abused the victim’s head knife by making the victim’s knife and talk with other customers and by making the victim’s head knife at a bar operated by the victim D (Inn, 51 years of age).

2. Determination:

(a) Crimes of non-violation of intention (Article 260(1) and (3) of the Criminal Act);

B. On September 20, 2018, Sept. 20, 2018, the victim’s expression of intention not to punish the victim.

(c) Grounds for a judgment dismissing a public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);