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(영문) 의정부지방법원 2016.01.15 2015고단4181
업무방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who works in a water-power plant in Korea.

On July 13, 2015, the Defendant, on July 22:45, 2015, entered a restaurant with the trade name C, which is located in Pyeongtaek-gun B, and without good cause, entered the restaurant, and so on, the Defendant was in the line with the victim D.

"Along with 10 minutes, it interfered with the operation of the cafeteria, such as taking a bath and throwing the small residue, contact, etc. on the cafeteria table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 314(1) of the Criminal Act applicable to the crime and Article 314(1) of the choice of a sentence (the Supreme Court shall choose to impose a fine and determine the amount thereof in consideration of the following: (a) the fact that there is a past record of a crime related to violence is against the disadvantage of the victim; (b) the fact that there is an agreement with the victim;

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. On July 14, 2015, the Defendant: (a) within the F police box located in Pyeongtaek-gun, G on July 14, 2015, arrested as a current offender for the criminal facts set forth in the above paragraph (a); and (b) detained the victim of the instant crime at the office where there is a person who reported the withdrawal within the office room of the F police box in D in the instant case, to whom he reported the withdrawal. The Defendant publicly insultingd the victim of the instant crime up to eight times, such as “the bitch fright bitch bitch bitch bitch bitch bitch,” etc.

2. Article 311 of the Criminal Act applicable to cases subject to prosecution subject to prosecution: Decision dismissing a public prosecution by G after the prosecution of this case is instituted pursuant to Article 312(1) of the Criminal Act (see Supreme Court Decision 200Da327 subparag. 5 of the Criminal Procedure Act).

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