(영문) 창원지방법원 2014.01.21 2013고단54

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(영문) 창원지방법원 2014.01.21 2013고단54

업무방해등

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On October 20, 2012, the Defendant: (a) around 23:20 on October 20, 2012, the Defendant interfered with the Defendant’s bar business by force by force, such as: (b) around 30 minutes from that time, customers entering the main point of view, such as “Chewing years”, who demand the drinking value within the “Csing shop” located in Kim Sea B; and (c) from that time, they make the victim take a bath, such as “Chewing years”, and let the victim take a drinking.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Application of the police interrogation protocol to D

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

1. Articles 70 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. The summary of the facts charged was around 23:20 on October 20, 2012, the Defendant: (a) had 5.40,00 won of the drinking value after having her friendship E and guest enjoying entertainment within the “Cuding shop” in Kimhae-si, Kim Jong-si; (b) however, there was no other friendship with which the drinking value is calculated; and (c) E was unable to calculate the drinking value as there was no drinking value.

During that period, the defendant, the main owner of the victim D (the age of 53) has changed the drinking value only to himself/herself, and assaulted the victim by putting the victim's face one time by hand, and putting him/her up his/her body over the floor.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the records, since the victim expressed his/her intent not to prosecute the defendant after the prosecution of this case, this part of the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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