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(영문) 대전지방법원 2014.09.04 2013고정1859

무고등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are South Korea.

1. At around 23:40 on April 6, 2013, the Defendants’ co-offenders found the above restaurant in order to comply with the following reasons: (a) within the restaurant between “G” operated by the victim F in Jung-gu Daejeon-gu, Daejeon-gu; (b) on the ground that they received an order to put in the restaurant and received the order to put in the restaurant; and (c) on the ground that they received the order to put in the restaurant, they received the order to put in place the order to put in the restaurant; and (d) Defendant A was able to put in the victim the two tension flock, which was delivered by “I want to break in the flick fl head??????” and Defendant B was able to find out whether the flick flick flick flick flick fl fl fl fl fl fl fl fl fl fl fl fl.

Accordingly, the Defendants conspired to interfere with the victim's restaurant business by force.

2. Defendant A, with a single hand at the time and place set forth in paragraph (1), assaulted the victim F (33 years of age) on the wall.

Summary of Evidence

1. Defendants’ partial statement

1. Partial statement of the witness F in the court;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and subparagraph A of the option of a punishment: Articles 314 (1), 30, and 260 (1) of the Criminal Act; Defendant B who choose a fine: Articles 314 (1) and 30 of the Criminal Act; Selection of a fine;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Although the Defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, denied the crime, the Defendants are the initial offenders.

In this context, the Defendants’ age, character and conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime shall be determined as per Disposition.

Parts of innocence

1. An accusation against Defendant A and Defendant B