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(영문) 전주지방법원 군산지원 2015.09.18 2015고단280

업무방해등

Text

Of the facts charged in the instant case, the charge of interference with business is acquitted. Of the facts charged in the instant case, the prosecution on assault is prosecuted.

Reasons

Parts of innocence

1. On November 27, 2014, at around 17:40 on November 27, 2014, the Defendant was trying to leave the bus stops at the bus stops located in the area of the Sinsan National University located in the area of the U.S. M. Sinsan-si (U.S.), and the Defendant continued to knife his seat against the said C so that he could not open the front door.

Ultimately, the Defendant interfered with the bus operation of the above C by force.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant was seated on the front seat of the bus operated by C before and after the front door, and C was demanded to leave the bus in the rear door, ② the Defendant was under the influence of alcohol at the time, ② the Defendant was under the influence of alcohol, and the Defendant was in a sudden manner, ③ the Defendant was trying to leave the bus in the rear door at the request of C, but the Defendant was under the influence of alcohol but was delayed about about 1 to 2 minutes. In light of the following circumstances, the Defendant seems to have been moving to the rear door in order to get off the bus in the front door instead of being able to avoid opening the front door.

Therefore, it is difficult to recognize that the defendant's act constitutes "compact" as referred to in the crime of interference with business only with business.

Ultimately, this part of the facts charged constitutes a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly notified under Article 58(2

Public Prosecution Rejection Parts

1. The Defendant’s summary of the facts charged is located in the area of the U.S. Silsan-si around 17:40 on November 27, 2014.