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(영문) 부산지방법원 2018.02.01 2017고정2375
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On May 17, 2017, from around 23:04 to 23:08 of the same day, the Defendant interfered with the Defendant’s operation of the subway by force by putting the entrances at the entrance of the subway to the subway so that the subway does not start for the purpose of recovering it from the subway, which was managed by the Victim B (41) who was a safe operation personnel belonging to the Busan Transportation Corporation, from around 23:04 to around 23:08 of the same day, the Defendant: (a) was in the usual driving platform in the line D railroad 4 located in Busan East-gu Busan Metropolitan City, Busan Metropolitan City; (b) was trying to take in the subway in the under the influence of alcohol; and

2. The Defendant, at the time, at the place, and at the site, after receiving a report at the scene, refers to the victim guard F, who is the police officer belonging to the Busan East Police Station E District, the police officer belonging to the Busan East Police Station, “F, bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit,” and “I am the victim G, who is the police officer belonging to the same district unit, in the next place;

In addition, the victims were sexually insulting, i.e., Chewing typ, and tymara, which read as the “public interest”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, G, and F;

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

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and the selection of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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