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(영문) 의정부지방법원 2013.06.13 2013고정974
업무방해등
Text

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

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

Reasons

Criminal facts

1. At around 01:10 on December 25, 2012, the Defendant and C interfered with the performance of duties, without any justifiable reason, drinked in the E-cafeteria located at the Government-si, and without any reason, C interfered with the legitimate restaurant business of the victim by force, such as the victim F, who was an employee of the restaurant, was able to pay for the drinking value and return to the drinking value, and C was able to talk on the floor, and thereby interfered with the legitimate restaurant business of the victim for about 20 minutes by force.

2. Violation of the Punishment of Violences, etc. Act (joint assault) and C demanded that the victim F pay the drinking value at the time and place specified in Paragraph 1, and that the victim F go from the main point of view. For this reason, C has sold the victim's chest with the elbbbow as it threatens the fluss disease, and sold it three times as it threatens the victim's chest, and the Defendant committed the assault by breaking the blus of the victim's blus.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. G statements;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 314 (1) and 30 of the Criminal Act that choose a punishment, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint violence), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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