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(영문) 광주지방법원 해남지원 2013.04.10 2013고단22
업무방해등
Text

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

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

Reasons

Punishment of the crime

From around 09:00 on December 28, 2012, the Defendant: (a) from around 09:00 to around 09:30, the Defendant expressed several motivations to the victim D (the age of 39, south) within the original department of “C Hospital located in Hadonam-gun B” without any particular reason, such as “I am out of the opening of the opening of the opening of the opening of the opening of the opening of the opening and the head of E, and I am out of the head of E,” and (b) requested the victim to interfere with the business of the opening of the hospital; (c) however, the Defendant took a bath over about 35 minutes; and (d) obstructed the victim’s legitimate business by going outside of the original office

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes governing CCTV photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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. 공소사실의 요지 피고인은 2012. 12. 28. 09:50경 전남 완도군 G파출소 입구에서 피해자 D가 피고인을 고소한 것에 대해 "미친새끼야 좃만한 새끼 목아지를 따부러"라며 말하여 G파출소 경찰들이 있는 곳에서 피해자를 공연히 모욕하였다.

2. We examine the judgment, which is a crime falling under Article 311 of the Criminal Act and may be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.

However, according to the written agreement bound in the public trial records, the victim can recognize the fact that he/she revoked the complaint against the defendant on February 13, 2013, which was after the prosecution of this case. Thus, this part of the public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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