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Reasons
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(영문) 수원지방법원 2014.12.17 2014고단5392
업무방해등
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

Defendant on October 1, 2014, the sale of Suwon-si around 19:30

C. Within the 1st floor 'D restaurant', the victim E (hereinafter referred to as 68 years of age), the owner of the above restaurant business, who frequently entered the above cafeteria and frequently frank the above defendant, was able to say that the victim E (hereinafter referred to as 68 years of age) was not able to sell alcoholic beverages, and the victim and the above cafeteria were able to talk about 10 minutes of the victim's restaurant business by the force of approximately 10 minutes, such as "I am, I am unable to sell alcoholic beverages."

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes to report on investigation;

1. Article 314 (1) of the Criminal Act and the selection of fines concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The Defendant, on October 1, 2014, sold in Suwon-si around 19:35, on the charge of the charge.

C. Within the 1st floor 'D cafeteria', the victim F (V, South and 51 years old) who was drinking on the other table, such as the criminal facts, observed and prevented the defendant, and the victim expressed an desire to “Chose, n.e., n., n.e., n., n.e., n.s. n.e., n.e., n.s.s.s.s.)” and used violence at the victim’s body n.e., the victim’s body n

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 under Article 260(3) of the Criminal Act. According to the records, it can be acknowledged that the victim declared his/her intention not to be punished after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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