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Reasons
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(영문) 수원지방법원 안산지원 2014.09.25 2014고정1298
업무방해등
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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 21, 2014, from around 13:35 to 14:57 the same day, the Defendant: (a) stated that “E” points managed by the victim D in Ansan-si, Ansan-si, Annsan-si, the Defendant, under the influence of alcohol, read “the victim “I live equally,” and “I am a chief of the board and the president,” and (b) made the victim feel the above convenience points over 10 times in total, and made the victim feel the victim’s hump, and prevented the Defendant from playing or selling things.”

Accordingly, the defendant interfered with the convenience store business of the victim for about 1 hour and 20 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes to investigation reports (CCTV analysis), CD (CCTV and sound recording materials), and investigation reports (Pastr telephone investigation);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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. Of the facts charged in the instant case, the summary of insult is as follows: from around 13:35 on May 21, 2014 to around 14:57 on the same day, the victim D who was managing the said convenience point while the Defendant got a convenience store and gets an article on the part of the customer F, who was in charge of the said convenience store, such as “the victim D, who was in charge of the said convenience store, shall not be subjected to any bad age, bad age, fraud, alteration of morale, departure, going home,” etc.: (a) 1 to 20 minutes and 1 to 20 minutes of the victim’s speech or made a public bath to the victim, thereby insulting the victim.

2. The crime falls under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, it is clear that the victim D cancelled the complaint against the defendant on September 25, 2014, which was after the prosecution of this case was instituted.

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