beta
(영문) 부산지방법원 2013.03.27 2013고정476

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On August 27, 2012, at around 23:00 on August 27, 2012, the Defendant: (a) in collusion with B; (b) on the ground that B claimed excessive drinking value in front of the E branchr in the operation of the victim D, located in Busan Northern-gu, Busan, B entered the plastic Contacter on the ground that B claimed excessive drinking value.

The Defendant interfered with the victim’s main business by force for about 30 minutes, such as getting off the cater, setting the entrance in hand, and sprinking “a sprinke,” and sprinking the F, an employee, by generating off the horse, sprinking the head, sprinking him, and assaulting him.

2. 폭력행위 등 처벌에 관한 법률위반(공동폭행) 피고인은 B와 공모하여 제1의 가항 기재 일시, 장소에서 제1의 가항 기재와 같은 이유로 피고인은 위 주점 종업원인 피해자 F(30세)의 배를 발로 1회 차고 뺨을 1회 때리고 머리를 잡아 흔들고, B는 이를 만류하는 위 주점 종업원인 피해자 G(37세)의 엉덩이를 발로 1회 찼다.

Accordingly, the defendant assaulted victims jointly with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against B, F, and G;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 314 (1) and 30 of the Criminal Act that choose a punishment, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint violence), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.