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(영문) 부산지방법원 2016.12.15 2016고정3345
업무방해등
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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

From around 23:50 on June 13, 2016 to 00:30 on June 14, 2016, the Defendant: (a) in the subway C Station located in Busan District, Busan District from around 23:50 to the 14:30 on the same month, the Defendant laid the horse in which the victim D (38 years of age) who caused the Busan Urban Traffic Service was the Defendant’s disturbance; and (b) removed the Defendant’s disturbance; and (c) laid the horse in which the Defendant was the Defendant’s disturbance, and “I am frith, frith, frith, and frith, friend, friend, friend, friend, friend, friend,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of investigation reports (on-site situations, etc.) and statutes governing site photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. On June 13, 2016, at the same place as the facts constituting a crime, around 23:30 on June 13, 2016, the Defendant publicly insultd the victim by openly speaking, “Is the police officer frien frien frien frien frien, frien frien, frien frien, frien frien frien, frien frien, bitch fri frien, bitch bitch fri bitch frien,” among many unspecified people.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 311 of the Criminal Act, which cannot be prosecuted only when the victim's complaint is filed under Article 312 (1) of the Criminal Act. According to the statement of non-prosecution in the preparation of the victim E which is bound in the trial records, it can be acknowledged that the victim E expressed his/her intention not to punish the defendant on October 21, 2016 after the issuance of the summary order of this case. Thus, this part of the indictment is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

The reason for sentencing is that the defendant takes the Lane in the waiting room of the subway station, and "I will get off weather and confirmation."

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