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(영문) 광주지방법원 2016.11.03 2016고단3481

업무방해등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 3, 2016, from around 19:18 to 19:48 of the same day, the Defendant found a horse in Gwangju Northern-gu, while drinking alcohol to the Dather located in Gwangju Northern-gu, "I wish to drink this house. I will see the house.............", while the Defendant saw that I will return to the outside of the store, the Defendant had ever been doing so.

Accordingly, the victim E, who is the mat point, was in possession of the defect about to see himself, and he saw the victim's neck, "I have to see it," and expressed his bath.

Accordingly, the legitimate work of the above establishment was interfered with the volume of 30 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes governing evidence photographs;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. 공소사실의 요지 피고인은 2016. 8. 3. 19:18경부터 19:48경 사이에 광주 북구 C에 있는 D마트에서 112신고를 받고 출동한 피해자 순경 G이 여러 사람들이 쳐다보고 있는데 자신에게 인적사항을 물어 화가 난다는 이유로 "야 이새끼야, 너 몇살이야! 너는 부모도 없냐. 쓰레기들한테는 말해줄 필요없다. 경찰새끼들 좃나 힘도 없네! 할테면 확실히 해라!"라고 욕설과 고함을 지르는 등 공연히 공무집행하는 경찰관을 모욕하였다.

2. The judgment is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the records, the above victim can be recognized as having withdrawn the complaint against the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Act.