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(영문) 대전지방법원 천안지원 2016.08.11 2016고단950

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 10:30 on January 16, 2016, the Defendant: (a) received a report on the inconvenience of moving-in support at the 3rd AS center office of AS apartment B, Asan-si, Asan-si; (b) did not contact the victim in order to have contact the Defendant with respect to the repair of defects; (c) did not contact the victim; and (d) took the Defendant’s desire to attract the victim to a large amount of interest in the office with many unspecified people; and (d) obstructed the Defendant’s legitimate business failure of the employees of the said AS center by means of avoiding disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of C’s written laws and regulations

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. The summary of the facts charged is that the Defendant, around 10:30 on January 16, 2016, received a report of the inconvenience in moving in at the office of the 3rd AS Center of the 3rd apartment apartment apartment in ASEAN, the head of the 2nd apartment occupant center, the victim, and the victim did not communicate with the Defendant on the ground that he did not contact with the Defendant on the ground that he did not contact with the Defendant.

The purpose of this paper is to openly insult the hythmical and highness of the hymar, such as the Cymar.

2. The offense of insult by public prosecution is an offense falling under Article 311 of the Criminal Act and may be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.

Since the victim C of insult submitted a written agreement to the effect that he/she does not want the punishment of the defendant after the institution of the instant indictment, the indictment against insult is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.