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(영문) 부산지방법원 2018.05.08 2017고정2567
업무방해등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. On August 10, 2017, from around 10:05 to around 10:16 of the same day, the Defendant: (a) the instant victim E (22 taxes, inns) who is a part-time patient E (W) who is a part-time patient in Busan Jin-gu, Busan; and (b) the Defendant met this; and (c) whether the Defendant “this e-mail, Ih, Ihn, Ihnh, Ihnh, Ihnh, Ihnh, Ihnh, Ihnh, Ihnh, Ihn

The 10 minutes of the disturbance, such as taking a bath to the end of the year, interfered with the victim's entertainment and accounting by force.

2. A thief: (a) at the time and place specified in paragraph (1), the Defendant stolen a number of 4,000 won a fluoral fluoring beverage in a cooling fluor, where the victim’s surveillance was neglected; and (b) a 1,300 won a single fluoral bluorous bluoring beverage in a cluoral fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 314 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime; the choice of punishment (opportune selection)

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

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The dismissed part of the prosecution under Article 59(1) of the Criminal Act (see, e.g., the agreement with the victim, the fact that the defendant is in a mental state with delay 3, the fact that the defendant has no record of criminal punishment and is against his/her mistake)

1. The summary of the facts charged is that the Defendant assaulted the victim’s face, head, etc. by taking care of the victim’s face, hair, etc. on the ground that the victim’s victim committed such disturbance at the time and place specified in paragraph (1) of the crime and reported it to 112.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

The record reveals that the victim raised the prosecution of this case.

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