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(영문) 부산지방법원 2013.09.27 2013고정2266
업무방해등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On January 22, 2013, at around 00:45, the Defendants: (a) presented a credit card to the victim F (n, 31 years of age) who is an employee to calculate the drinking value in the “E” restaurant located in the Busan Seo-gu, Busan; (b) but did not be calculated by card damage.

Accordingly, Defendant A expressed the victim F’s desire to see his opening, see his opening, see him the horns, and this Chewing,” and Defendant B, together with the Defendant B, expressed the victim’s desire to engage in the business related to the restaurant business of the victim jointly by exercising the power, such as “the victim’s opening, opening, singing, and smoking,” which read “the victim’s opening, opening, drinking, and smoking.”

2. The Defendants’ insultd the victim’s H (the age of 49) who is a police officer belonging to the G District, who received a report at the same time and received a report at the same place as the preceding paragraph, to calculate the drinking value and voluntarily return home. However, in the presence of the said cafeteria’s proprietor, employee, and neighboring merchants, Defendant A expressed the victim’s desire to read as “ how much he received from the victim’s immediate behavior is cut off, sound recording, opening, and opening,” and Defendant B also expressed the victim’s desire to jointly with it to read as “I Chewing, I see only what I see. I am. I am. I am. I am.”

Summary of Evidence

1. Each legal statement of witness F, I, and H;

1. Application of each statute on filing of a complaint;

1. Relevant legal provisions concerning criminal facts, the Defendants’ choice of punishment: Articles 314(1) and 30 of the Criminal Act, Articles 311 and 30 of the Criminal Act, and the choice of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;

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