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(영문) 광주지방법원 목포지원 2016.06.02 2015고정545

업무방해등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 5, 2015, the Defendant: (a) around 21:30 on 21:30, around 2015, sent to the victim D, who was under the influence of alcohol, to e.g., World Cup B, E., and C convenience store; and (b) the victim changed to e.g., to e., World Cup B, which was the cause of being driven.

'The Court made an order'.

As above, Defendant 1 took a bath for the reason that the victimized person did not go to the original instant World Cup “B,” and she took a bath for “the victim’s must do so several times,” and obstructed the victim’s convenience store business by force for approximately 30 minutes, such as: (a) the receipt cited by the hand, which was a receipt; (b) the victim’s must take the victim’s disciplinary action, etc. several times; and (c) the instant World Cup, which was caused by the said movement, would prevent customers from entering the said place by leaving the said place, such as throwing away the door to the calculation unit, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, internal news reports (to attachCCTV image data, etc.);

1. Article 314 (1) of the Criminal Act applicable to the crime, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing the prosecution of Article 334(1) of the Criminal Procedure Act concerning the part dismissing the prosecution of the above order of provisional payment is the summary of this part of the facts charged. The defendant assaulted the victim's person subject to the punishment on several occasions by the receipt cited by the defendant as stated in the above facts charged.

The above facts charged are crimes falling under Article 260 (1) of the Criminal Act, and cannot be prosecuted against the clearly expressed will of the victim under Article 260 (3) of the same Act.

In such a case, the victim expressed his/her wish not to punish the defendant on May 23, 2016, which was after the prosecution of this case, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.