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(영문) 대구지방법원 2013.07.10 2013고정1414

업무방해등

Text

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

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

Reasons

Punishment of the crime

On April 25, 2013, at around 01:00, the Defendant d'C' restaurant located in Daegu Suwon-gu B, and 48 years old, she was unable to fluencing the disturbance by drinking alcohol at the victim D (here, 48 years old), who is his/her business owner, for a large amount of time, “I calculated the drinking value” and “Is the drinking value, I would like to see that I would like to take a bath at the same time with a large sound, “Is the drinking value. Is that Is that I would am on the table.”

Accordingly, the defendant interfered with approximately 10 minutes of restaurant business of a large-scale victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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 April 25, 2013, the Defendant: (a) reported 112 at the 'C' restaurant in Daegu Suwon-gu B; and (b) sent out to the victim slope G, a police officer belonging to the F District District of the Daegu Water Station F District of the Daegu Water Station, “Pested to flusium, flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium;

Accordingly, the Defendant insultd the public victim.

2. The facts charged in the instant case constitute a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. According to the written agreement bound in the public trial records, the victim expressed his/her intent to revoke his/her complaint against the Defendant on July 8, 2013, which was after the public prosecution of the instant case was instituted. Thus, the public prosecution as to insult among the facts charged in the instant case, is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.