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(영문) 창원지방법원 2013.05.07 2013고정245
업무방해등
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 15, 2012, at around 01:00, the Defendant was unable to have a disturbance for about 30 minutes, such as 1:30 minutes, on the ground that the Defendant’s daily behavior, which caused the alcohol value, first, cannot reduce the drinking value because the Defendant’s daily behavior, which caused the alcohol value, was imprisoned.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

3. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. At around 01:45 on October 15, 2012, the Defendant, at the E zone in Kimhae-si, sent to the scene due to the same act as the facts constituting a crime, and thereafter, the Defendant insultd the victim F (the age of 52) who is a police officer belonging to the said district group, who is a police officer belonging to the said C and the same police officer, in the process of complying with the above C and the police officer.

2. We examine the judgment. This is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Article 312 (1) of the Criminal Act. According to the "Agreement" written in the trial records, the victim can recognize the facts of revoking the complaint against the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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