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(영문) 인천지방법원 2013.11.11 2013고단6301
업무방해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant went to a customer in the "C Raba Pat operated by the victim B (the age of 60, South)."

1. Around 22:20 on July 17, 201, the Defendant: (a) found the “C D” page located in Nam-gu Incheon Metropolitan City, Nam-gu; (b) without any reason, expressed a bath to the customers of other tables; and (c) provided the time room.

The victim's defect and the defendant expressed a bath to the victim, followed the table, laid down a bridge, and obstructed the victim's business for about 30 minutes.

2. On August 18, 201, at around 00:05, the Defendant damaged public goods, at around 00:05, carried out a view of walking the wall within the jurisdiction of the F police box, which was taken within the “F police box” located within the Southern-gu Incheon Metropolitan City E.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and B;

1. On-site reports;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. In cases of interference with relevant legal provisions concerning criminal facts: Article 314 (1) of the Criminal Act concerning the damage to public goods: Article 141 (1) of the Criminal Act (Selection of Fine);

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

1. The summary of the facts charged as to the act of assault among the facts charged in this case concerning the dismissal of prosecution of Article 70 and Article 69 (2) of the Criminal Act in the case of the dismissal of prosecution in the Nowon Station, is a crime that constitutes an offense falling under Article 260 (1) of the Criminal Act and cannot be discussed against the victim's express intent under Article 260 (3) of the Criminal Act, since it is evident that the above victim does not want the punishment of the defendant, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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