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(영문) 수원지방법원 2013.06.20 2012고단5557
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 31, 2012, at around 21:00, the Defendant, at the main point of “E” in the operation of the victim D (IS, 49 years of age) located in the building C, drinks, and sits down on the floor of the above main point, was returned to the police officer who was dispatched to the victim’s report.

At around 21:50 on October 31, 2012, the Defendant re-exploited on the main points above, and obstructed the victim’s main business operation by force for about 30 minutes by leaving the victim’s disturbance by avoiding the disturbance, such as, “I have a bit of bit of bitch, bit of bitch of bitch, bit of bitch of bitch of bitch, if you have the bit of bitch, and if you have the bit of alcohol, I have the bit of bit of bit of bitch of bit

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. The summary of the charge of assault in the facts charged of the instant case concerning the dismissal of prosecution under Article 62-2 of the Criminal Act of the Probation and Order to Attend the probation and Order to Attend the case was “the Defendant committed assault to the victim, who reported TV at a certain point, by again finding the above main points as the date and time indicated in the facts charged in the judgment of the court below as the date and time for returning home as indicated in the judgment of the court below, and reported the above main points to the above main point, and was able to do so, “YYY” and “the Defendant committed assault to the victim, who was reporting TV at a certain point, once by hand on the part of the victim.”

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the victim's express will under Article 260 (3) of the Criminal Code.

However, according to the records, around May 28, 2013, after the prosecution of this case was instituted, the victim D withdraws his/her wish to punish the defendant.

Therefore, it is true.

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