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(영문) 인천지방법원 2020.11.11 2020고정1919

업무방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 4, 2020, the Defendant, at around 23:20, obstructed the victim’s restaurant business by force for about 20 minutes on the ground that the victim C (the 57-year-old) in Bupyeong-gu Incheon Metropolitan City (the 57-year-old-gu) was under the influence of the victim’s restaurant business, by putting the Defendant’s silent into an implied view so that other customers may not drink, and putting the drinking speech into the floor.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report of internal investigation (Evidence List Nos. 5) to the defendant's statement C

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. On March 5, 2020, the Defendant: around 00:16, committed assault by the victim C (the age of 57) on the ground that the victim reported his/her business obstruction to the police at the D cafeteria operated by Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on the ground that he/she reported his/her business obstruction to the police; again, he/she taken back the victim’s left hand hand and shoulder by hand, towed the victim’s two ear by hand.

Judgment

This part of the facts charged cannot be prosecuted against the clearly expressed will of the victim under Article 260 (3) of the Criminal Act, as a crime falling under Article 260 (1) of the Criminal Act.

According to the records, on April 13, 2020, which was after the institution of the instant prosecution, a written application for non-prosecution of punishment was submitted on April 13, 2020 to the effect that the victim is not punishable by the defendant. Thus, this part of the prosecution is dismissed pursuant to Article 327