(영문) 인천지방법원 2015.11.13 2015고정2003



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

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

[Criminal Power] On October 16, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, which became final and conclusive on January 1, 2015.

【Criminal Facts】

1. The Defendant, on January 2014, ordered food at the D cafeteria operated by the victim C (year 37) located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to engage in violence, and did not pay for the food, and the Defendant left the above B to the D cafeteria.

From this point of view, at around 18:00, the Defendant assaulted the victim's neck on one occasion on the ground that the victim was in possession of her wallet for the reason that she was left to the East Cancer, when he met the victim in front of the Funetype E in Bupyeong-gu, Incheon.

2. At around 18:00 on July 2013, the Defendant: (a) taken an amount equivalent to KRW 70,00,00, such as alcohol and alcohol, within the I cafeteria operated by the victim H in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) took a bath to the victim requesting the payment, “I am blick, so I am blick, I am am blick, so I am am blick, I am amnick, and interfered with the victim’s food sales business by force.”

From that time to March 2014, the Defendant interfered with the restaurant work in 10 places, as shown in the list of crimes, from that time, to that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on C, J, K, L, M, H, N,O, P, and Q;

1. Previous convictions in judgment: Results of case search, application of two copies of judgment and other Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act applicable to the crime (the point of violence and the selection of fines) and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines).

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.