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(영문) 서울북부지방법원 2015.06.05 2015고정219

업무방해등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 4, 2014, around 21:50 on September 4, 2014, the Defendant interfered with business, within the D party room in Dongdaemun-gu Seoul Metropolitan Government C3, obstructed the victim E-gu party room business by force, such as taking sound from a customer who has a platform, avoiding a disturbance, and making the customer who had a platform get out of it.

2. On September 4, 2014, around 22:30, the Defendant destroyed goods used by public offices on the ground that he/she wanted to use a telephone when he/she was arrested as a flagrant offender with interference with his/her duties within the “stowing-ro 21-ro 8, Dongdaemun-gu, Seoul Metropolitan Government 21-ro 8 “Stowing-ro 21-ro,” and was called the phone on the floor of the police box, the police officer changed the phone fire, cut off the phone fire, and caused the fall of the phone fire cable, thereby damaging the goods used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of photographic Acts and subordinate statutes to photographs that the defendant is enjoying in a party platform, telephone photographs damaged by the defendant's public property, and CCTV images extracted;

1. Article 314 (1) (a point of interference with business) and Article 141 (1) (a point of interference with business) of the Criminal Act and the selection of a fine for negligence on the crime;

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

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

1. Of the facts charged in the instant case, the part dismissing the prosecution of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the summary of the assault among the facts charged in the instant case is as follows: (a) the Defendant committed assault, such as the victim E, at the time and place indicated in paragraph (1) of the criminal facts as indicated in the judgment; (b) the victim E, was fla

However, this case is an offense falling under Article 260 (1) of the Criminal Code and cannot be prosecuted against the victim's express intent under paragraph (3) of the same Article. The victim is the victim of this case.