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(영문) 서울남부지방법원 2013.03.15 2013고정338

업무방해등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, from around 17:50 on September 12, 2012 to 18:10 on the same day, filed a report by the victim in Guro-gu Seoul, Seoul, on the ground that the victim reported himself as indecent act by force before the victim in D, which was located in Guro-gu, Seoul, on the ground that the victim reported himself as indecent act by force, the Defendant interfered with the victim’s temporary business by force by avoiding the disturbance, such as “the same string year, the same opening year, the chewing year, and the large string of the Dok-si, Central Central Central Red-si, the Dok-si,” and thereby preventing the customers from entering

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

3. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On September 12, 2012, around 18:15, the Defendant: (a) in the facts charged, the victim E (mama, 55 years of age) who is the husband of the said C in the above D, called “Ig, flap, son, she shall go to the flap, at the time of the front test,” and she embling the flab of the victim by hand, and assaulted two times with the hands of the victim.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Act. According to the written agreement for the preparation of C and E (victim), the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on January 30, 2013, which is after the institution of the prosecution of this case.

3. According to the conclusion, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.