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(영문) 광주지방법원 2013.10.31 2013고단4240
업무방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. Around 16:30 on August 12, 2013, the Defendant violated the Road Traffic Act (driving) and proceeded with approximately 200 meters from the Defendant’s house located in B while under the influence of alcohol of 0.199%, to the front of the DKa Center located in C at the same time, from the Defendant’s house located in C at the same time.

2. On August 12, 2013, from around 16:30 to around 11:00 of the same month, the Defendant obstructed the victim’s car center’s business by force on the ground that the victim F, who was in the Dak Center’s operation from around 16:30 to around 13:00 of the same month, filed an accusation against the Defendant at the Dak Center’s work office against the labor office due to delayed payment of wages, etc. by the victim, etc.

3. Around 16:50 on August 12, 2013, the Defendant, who violated the Punishment of Minor Offenses Act, appeared at the Naju Police Station I district located in H on the following occasions: (a) was under the influence of alcohol in order to undergo an investigation into the suspicion that he interfered with the operation of the Ka Center; (b) while under the influence of alcohol, the Defendant sent an article to the police officer that “at least, I knife, I knife, I knife, I knife, I knife I knife I knife I knif.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes on a criminal investigation report (24 pages, 91 pages, 95 pages, 101 pages);

1. Relevant Article of the Act on the Punishment of Minor Offenses and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance by government offices and the selection of fines) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 and 3 of the Criminal Act, which increases concurrent crimes;

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