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(영문) 수원지방법원 2016.08.31 2016고단3690
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 18, 2016, while under the influence of alcohol at around 22:00, the Defendant entered the “D” main points managed by the Victim C in Suwon-gu, Suwon-si, and went off from the cryp, and went off from the cryp, and crypology for 20 minutes of the above main points, and obstructed the victim’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by C and E;

1. Application of statutes on images of on-site photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. On May 18, 2016, the Defendant: (a) at the main point of “D” located in Suwon-si, Suwon-si, Suwon-si; (b) while avoiding disturbance, the Defendant: (c) took one time as his hand the part of the victim E (20 years old, female) who is an employee of the said main point that prevents the disturbance; and (d) committed assault against the victim by walking the victim’s left part of the river on one occasion with his/her beam.

2. On the other hand, this is a crime 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 and withdrawal of complaint filed in the trial records, the victim E can be acknowledged the facts that the victim expressed his/her wish not to punish the defendant around June 8, 2016, which is the date of institution of the instant prosecution. Thus, this part of the prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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