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(영문) 부산지방법원 2014.05.29 2014고정644
업무방해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 21, 2013, the Defendant: (a) around 23:30 on November 21, 2013, the Defendant: (b) ordered an alcoholic beverage in Busan Jin-gu B; (c) and (d) ordered an alcoholic beverage, but the Defendant: (d) obstructed the Victim’s singing room business by having the customers who were in the instant singing place go out of the room, and allowing them to go out of the room and interfere with the Victim’s sing room business on the ground that the victim did not drink.

2. At the time and place specified in Paragraph 1, the Defendant publicly insultingd the victim F, a police officer belonging to the Busan Jin Police Station E district unit of Busan Police Station, who was dispatched to the scene by the Defendant upon receiving a report that the Defendant was suffering from disturbance as above, with the victim F, who was a police officer belonging to the Busan Jindo Police Station E district unit, and who was in compliance with the above C and the criminal administration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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. The defendant asserts that the defendant's assertion of Article 334 (1) of the Criminal Procedure Act was in a state of mental disorder or mental disorder by drinking alcohol at the time of committing the crime of this case.

In light of the records, the defendant's drinking at the time of the crime of this case is recognized as having a drinking, but it is difficult to view that the defendant has no or weak ability to discern things or make decisions due to the above drinking, in light of the circumstances, methods, contents, and the defendant's behavior before and after the crime of this case. Thus, the above argument by the defendant is rejected.

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