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(영문) 부산지방법원 2018.2.1.선고 2017고정2375 판결
업무방해,모욕
Cases

2017False2375 Business Obstruction, Defluttion

Defendant

A

Prosecutor

Jeong-young (Public Prosecutor Acting for Public Prosecutor, Prosecution), Red Cross (Public Trial)

Imposition of Judgment

February 1, 2018

Text

Defendant shall be punished by a fine of 2,00,000 won. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Criminal 1)

1. Interference with business;

On May 17, 2017, from around 23:04 to 23:08 of the same day, the Defendant interfered with the victim’s operation of the subway by force by putting the door at the entrance of the subway to the subway so that the subway does not start for the purpose of collecting it from the 41st day, which is managed by the victim B (the 41 year old), who is a safe driving personnel belonging to the Busan Urban Transportation Corporation, in Busan East-gu C, which is located in the 4th century, while trying to take passengers in the subway station in the erode D Line D Station Station of Busan Urban Railroad 4th in Busan East-gu, Busan, but intending to

2. Definating;

The Defendant publicly insulting the victims by publicly insulting the victim guard F, a police officer affiliated with the Busan East Police Station E District E District, who was dispatched to the scene upon receipt of a report as stated in paragraph (1), on the date and time, place, and at the time, place specified in paragraph (1) of this Article, “the victim G, who is a police officer affiliated with the same district unit, is a bitch bitch bitch bitch bitch bitch bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against B, G, and F;

1. Application of Acts and subordinate statutes to a report on investigation (12 pages of investigation records);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314(1) of the Criminal Act (Interference with Business), Article 311 of the Criminal Act, and the selection of each fine;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Lee Jae-ho

Note tin

1) Some of the facts charged were corrected.

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