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(영문) 수원지방법원 안양지원 2017.10.27 2017고정280

폭행등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 High Court Decision 280]

1. On December 22, 2016, the Defendant obstructed the victim’s main business by force between approximately 30 minutes, including: (a) the victim’s “E main store” in Sinpo-si, Mapo-si, Mapo-si; and (b) the victim’s main business operation, i.e., the victim’s 30-minutes, i.e., the glass cup in the table table, and the victim’s main business operation.

[2017 High 281]

2. Disturbing the victim F with each business affair;

A. On November 28, 2016, the Defendant: (a) around 20:0, at the main point of the victim F’s operation “H” located on the 20:00 Mapo-si G, and the victim’s “H” located on the 1st underground floor, followed the Defendant’s demand for additional expenses from the employee I who was the bareboat manager, and (b) the Defendant interfered with the victim’s main business by force by causing the Defendant to go to the said place for about one hour, including “In order to go to go to the bareboat, I would be able to go to go to the bareboat,” and “I would be able to go to go to the said place,” and by causing the customers to go to go to the said place.

B. On January 11, 2017, around 21:50, the Defendant: (a) expressed the victim’s desire to leave from the victim at the same place as the above paragraph (a); (b) expressed the victim’s desire to leave; and (c) expressed the customer’s desire to “this son” at the same place for about 30 minutes; and (d) obstructed the victim’s main business by force.

3. The Defendant, in the same time and place as the above 2-B B, did not comply with the request to leave the victim F on several occasions.

Summary of Evidence

[2017 High Court Decision 280]

1. Partial statement of the defendant;

1. Each legal statement of the witness J and C [2017 High Court Decision 281]

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw), and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;