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(영문) 부산지방법원 동부지원 2018.04.05 2017고정1016

절도등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant held a claim of KRW 45 million against E representative director F, a company operating a coffee shop “D” in Yang Nam-si, Chungcheongnam-si, and on November 23, 2016, the Defendant was a creditor who seized goods, etc. in the aforementioned “D”, and the victim G was a wife of F, and the victim G was a person who managed the said “D” as the wife of F.

1. On December 20, 2016, around 15:35, the Defendant: (a) found in the coffee shop “D” located in Yangsan-si, Yangsan-si; and (b) took advantage of the victim E-owned price of the instant G-owned property, which was kept in the carcter in the store, despite the control that the victim E-owned carcket would not drink the above G’s food.

2. The Defendant affected a structure: (a) entered the instant coffee shop under management by the victim G under the pretext of appraising the seized goods stored in the said coffee shop at the temporary location under the preceding paragraph; (b) but (c) removed the victim from the shop upon the request of the victim to leave the shop because the victim did not allow it.

In addition, despite the above victim's request to leave the said coffee, the defendant tried to take photographs using mobile phone camera functions, without responding to the victim's request to leave the coffee shop again, and without responding to the victim's request to leave the coffee shop.

Accordingly, the defendant invadeds on the above structure managed by the injured party.

3. The Defendant, as set forth in paragraph 2, attempted to take the inside of the said coffee shop as a mobile phone camera function, thereby obstructing the victimized person by force, such as preventing the Defendant, failing to comply with, and failing to comply with, the victim, thereby interfering with the affairs related to the management of the coffee shop.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. An investigation report (report on the attachment of data from a witness), a photograph of CCTV caps and an investigation report (report on CCTV image analysis submitted by a witness G) (the defendant and his defense counsel are above the appraiser H belonging to the Ulsan District Court;