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(영문) 의정부지방법원 2013.04.25 2013고정669

업무방해등

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 20:50 on May 17, 2012, the Defendant: (a) stated that “D” main points operated by the Victim C in Kangwon-gun B is “D” without permission; and (b) indicated the Defendant’s body that “Y kb w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w h w w w h h h h h h h h h h h h h h h h h

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

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

1. Of the facts charged in the instant case, the summary of the insult of the indictment as to the dismissal of prosecution under Articles 70 and 69(2) of the Criminal Act is as follows: (a) on May 17, 2012, the Defendant publicly insultingd the victim by openly insulting the victim, who was a police officer and employee of the victim F, who was sent to the site where he was dispatched to the site by the Defendant at the “D’s seat” station located in the Gangwon Hawon-gun, Gangwon Hawon-gun, Gangwon-gun on May 17, 2012, by reporting that the Defendant interfered with the duties of the main station; and (b) as the police officer called “A” and “A, etc., who was dispatched to the site by the Defendant, during the dispatch of the police officer called the victim F, who

The crime falls under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the same Act. According to the records, the victim who filed a complaint can be acknowledged as having withdrawn the complaint against the defendant on April 25, 2013, which is after the prosecution of this case. Thus, the public prosecution as to insult among the facts charged of this case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.