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(영문) 부산지방법원 2015.12.03 2014고단3227
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 27, 2014, the Defendant: (a) around 11:10 on March 27, 2014, the Defendant: (b) was unable to take a bath in the state of drinking before the victim C’s public bath attached to D-B managed by the victim C; and (c) took a bath against the victim E in the state of drinking; and (d) took a bath against the victim’s public bath in a large amount of 10 minutes of the entrance of the entrance, by displaying the entrance door at the entrance of the entrance of the entrance, thereby obstructing the victim’s public bath business by force.

2. The Defendant damaged the entrance entrance of the entrance administered by the victim C, at the time, at a place, referred to in paragraph 1, at several times, so that the repair cost equivalent to KRW 2.50,000,000 may be exceeded.

3. The Defendant, on March 27, 2014, was arrested as a flagrant offender by a police officer who visited the scene on the grounds of paragraphs 1 and 2 on March 27, 2014, and was transferred to F of the Private Police Station located in Busan Island.

피고인은 그곳에서 G과 경찰관 수명이 지켜보는 가운데 위 경찰서 소속 경위인 피해자 H에게 “정부의 꼬붕이나 잘하고 있어라, 개새끼야, 짭새가 인간이가, 거지새끼보다 못하는기, 양아치 새끼들 밖에서 만나면 차로 갈아삔다”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning C and G;

1. A criminal investigation report and an investigation report (a written estimate to destroy and damage property);

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of fines;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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