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(영문) 서울중앙지방법원 2014.07.25 2014고단3244
업무방해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On April 25, 2014, at around 22:00, the Defendants ordered drinking and drinking alcohol in Gangnam-gu Seoul, an entertainment drinking house located in the Gangnam-gu Seoul Metropolitan Government, and Defendant A attempted to take the studio in the body of other customers in the above studio and to put them into the studio, and Defendant B again put the two studio into the above studio, and the victim E (50 years of age, female) who is the above studio, went into the said studio, kids, and broken the studio on the floor, and caused the victim to take a serious bath, and the police officer sent out the above studio after reporting to the police, but Defendant B continued to perform the duty of drinking out of the said studio by force, such as destroying the studio by spreading the studio at the place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some of the police suspect interrogation protocol against the Defendants

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning facts constituting an offense;

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. 공소사실의 요지 피고인 B는 2014. 4. 25. 22:00경 서울 강남구 C에 있는 유흥주점인 'D' 홀에서 피고인과 A이 소란을 피우는 것을 지켜보던 손님인 G과 눈이 마주쳤다는 이유로 G에게 “뭘 쳐다봐”라고 소리를 지르고, 발로 G의 낭심 부위를 1회 걷어찬 후 손으로 G의 얼굴을 1회 때려 폭행하였다.

2. The above facts charged 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, and are bound to the evidence records.

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