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(영문) 창원지방법원 2016.06.23 2016고단1189
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 23, 2016, around 23:30, at D convenience stores located in Kimhae-si C, the Defendant purchased three liquors, drinking alcoholic beverages from outside the convenience store, and booming the victim E, an employee of the convenience store, without any justifiable reason, and obstructed the victim’s convenience store business by force by avoiding disturbance while drinking out about 45 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant, at the D convenience store located in Kimhae-si on March 24, 2016 at around 00:10 on March 24, 2016, avoided the disturbance of alcohol, and the Victim E, “I am at the lower and lower her house.”

on the ground that “I am this son,” and assaulted the victim’s left side by force only once on the floor of the hand.

2. Determination is an offense 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 records, it is recognized that the injured party withdraws his previous wish to punish the accused after the indictment of this case was instituted. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

The reason for sentencing is that the defendant's act of drinking at the convenience store without any reason during the night interfered with the long time business, so the crime is not less severe, but it is not easy to agree with the victim, and it does not repeat again with the misunderstanding.

this point is known.

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