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(영문) 서울북부지방법원 2015.02.17 2014고정2038
업무방해등
Text

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

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

Reasons

Punishment of the crime

The Defendant obstructed the victim’s business for about 30 minutes by force on November 1, 2012, on the ground that he/she did not refund clothes that he/she purchased in the Jung-gu Seoul Metropolitan Government Library prior to the purchase of his/her clothes, around 18:00 on November 1, 2012, on the ground that he/she did not refund clothes that he/she had his/her employees under the influence that he/she had his/her clothes d (e.g., female, 54 years old), sent a bath to his/her employees, and let them go up with his/her happiness.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

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

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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 August 7, 2012, around 02:00, the Defendant: (a) reported that the victim G (22 years of age) was knife and walked on the shoulder of women-friendly job offering H; and (b) reported that “whether the victim would be knife and ging,” and the Defendant assaulted twice the victim’s left head by drinking.

2. The facts charged in the instant case are crimes 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. On February 5, 2014, after the institution of the instant indictment, the victim G expressed his/her intent not to have the Defendant punished by attending this court as a witness. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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