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(영문) 부산지방법원 2015.02.11 2014고단9880
업무방해등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

On November 27, 2014, at around 20:10, the Defendant: (a) expressed the victim’s desire to read “Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY YY Y YY YY YY Y YY Y Y YY Y Y YY YY Y Y Y Y Y Y Y Y Y Y Y YY Y YY YY Y

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Selection of fines in consideration of the fact that the victim agreed with the victim after the prosecution of this case was instituted;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. On November 27, 2014, at around 20:10 on November 27, 2014, the Defendant: (a) laid down the shoulder part of the victim D (n, 46 years of age) with the first floor of Busan East-gu, the Defendant: (b) obstructed the victim by breaking the shoulder part of the victim D (n, and 46 years of age; and (c) assaulting the victim by

2. The judgment below is the case falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the written agreement, it can be acknowledged that the victim has withdrawn his/her wish to punish the defendant on January 26, 2015, which was after the prosecution of this case was instituted. Thus, the public prosecution of this case must be dismissed under Article 327 (6) of the Criminal Procedure Act, or the crime of interference with business which was prosecuted for the commercial concurrent crimes, and thus, the defendant is not acquitted in the separate order.

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