beta
(영문) 서울북부지방법원 2020.10.14 2020고단3381

업무방해등

Text

The prosecution of this case is dismissed.

Reasons

1. On June 24, 2020, the Defendant was prosecuted at Jeju District Court on the charge of nighttime building intrusion, theft, etc. and is currently pending trial.

On July 21, 2020, at around 12:20 on July 21, 2020, the Defendant interfered with the business of the victim C, who was operated by the victim C, in Dongdaemun-gu Seoul, was the first meal to the customers who were late to him, and was able to take a trial fee to the customers on the ground that he was the first meal, and did not comply with the request of the victim for the delivery, and obstructed the victim's business by force for about 1

B. The Defendant used the victim’s shoulder to complete meals at the time, time, and place indicated in the above paragraph (a) and assaulted the victim by breaking the victim’s shoulder at one time in his/her hand, and walking the victim’s alley at one time.

2. According to the records, the Defendant had already died on August 22, 2020, before the instant public prosecution was instituted.

Therefore, the indictment of this case constitutes an indictment against the deceased and its procedure becomes null and void in violation of the law, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.