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(영문) 수원지방법원 여주지원 2014.04.11 2014고정29

업무방해등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From around 01:30 on September 30, 2013 to around 02:00 on September 30, 2013, the Defendant obstructed the victim’s business for about 30 minutes, such as: (a) the Defendant took a bath for the victim’s e-mail at E-mail where the victim C victim D works as a customer and for the reason that the price of the Potototoo is different from that of the display stand, and (b) the Defendant took away from the store.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 of the Criminal Act and Article 314 of the same Act concerning criminal facts and the choice of fines;

1. Part concerning dismissal of public prosecution under Articles 70 and 69 (2) of the Criminal Act;

1. From around 01:30 on September 30, 2013 to around 02:00 on September 30, 2013, the Defendant publicly insultingd the victim by openly insulting the victim by referring to “the victim’s male fingers” in the form of 50th male fingers, on the ground that the price of the Potototo, and the price of the Pototo, are different from that of the display stand.

2. One copy of the indictment. This part of the indictment is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the records, the victim prior to the indictment of this case can be acknowledged as having expressed in the investigative agency the intent of not wanting to punish the defendant, including the meaning of withdrawal of the complaint. Thus, the indictment of this case is dismissed in accordance with Article 327(2) of the Criminal Procedure Act.