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(영문) 부산지방법원 2013.04.19 2012고단8965

업무방해등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 22:40 on August 8, 2012, the Defendant interfered with the Defendant’s bar business by force over about 10 minutes, such as: (a) the Defendant assaulted D, and (b) the victim E, the president of the above main shop, who said D, who said D, was fluored by the Defendant; and (c) the Defendant’s fluor, “Is the knife, knife, with the knife, knife,” and the Defendant’s knife that he did not enter the knife.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of the police statement law to D;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the choice of punishment for the crime (the grounds for not punishing the victim and being against his/her will be taken into account);

1. Articles 70 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. On August 8, 2012, the Defendant: (a) around 22:40 on August 22, 2012, the summary of the facts charged: (b) at the toilet stairs of the Busan District Office C of Busan District, the Defendant: (c) obstructed the victim D, who reported the assault case that occurred at the above main shop before drinking alcohol and drinking alcohol; (d) 37 years old, by drinking alcohol, by hand hand hand, knife the stairs; and (e) knife the knife with the knife in the knife. If the Defendant died of the death, knife the victim’s chest at one time on the hand.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Expression of intention not to punish: A written agreement with the victim D attached to the summary of the pleading dated April 8, 2013, which was subsequent to the institution of the instant indictment.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.