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(영문) 수원지방법원 성남지원 2013.11.01 2013고정1490

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 21:00 on May 16, 2013, the Defendant ordered the victim’s alcohol at the main point of “D’s operation,” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and thereby interfered with the victim’s main business affairs by force by: (a) having expressed the victim’s bath that “I would not drink draw,” and “I would like to do so; (b) I would like to say I would like to say I would like to say, “I would like to draw, I would like to draw, I would like to draw, I would like to draw.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

1. Article 334(1) of the Criminal Procedure Act concerning the dismissal of prosecution of the instant charges provides that the Defendant, around May 16, 2013, arrested and was investigated as a flagrant offender in the crime of interference with business at the F police box located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, about 21:54 on May 16, 2013, the Defendant expressed that, while following the above victim C’s side where the written statement was prepared, the Defendant committed an assault by taking the victim’s face on one occasion by drinking.

However, this is a crime falling under Article 260 (1) of the Criminal Code and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Code. Since the victim withdraws his wish to punish the defendant after the prosecution of this case, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.