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(영문) 제주지방법원 2016.09.08 2016고정452

폭력행위등처벌에관한법률위반(우범자)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

"2016, 452"

1. The Defendant is living as a national collection employee C in Seocho-si B.

At around 02:00 on November 24, 2015, the Defendant carried one square meter and one telecom (18cm in length) in a dangerous object that could be used for a crime in order to receive money lent to the F, who had livedd with the Enbs, in order to receive money from the F, who was living together with the Enbs.

"2016, 453"

2. At around 00:10 on November 21, 2015, the Defendant interfered with the victim’s inn business by force for about 30 minutes, such as leaving a large amount of disturbance and emitting the entrance door, and allowing customers in the above garden to get out of it, on the ground that the victim G located in Seopopo City D does not pay the money borrowed to him/her, the Defendant obstructed the victim’s inn business by force.

3. The Defendant damaged the property amounting to KRW 400,000 in the market price, such as the vehicle, even door, and gold, from several times at the date, time, and place under the above paragraph (2).

Summary of Evidence

"2016, 452"

1. Defendant's legal statement;

1. G statements;

1. A report on investigation (14 pages of investigation records);

1. Police seizure records;

1. The case-related photograph "2016, 453";

1. Defendant's legal statement;

1. Each G statement;

1. Reports on internal investigation (victim's statement);

1. A report on internal investigation, a written estimate, and a report on investigation (the modification of the duration of occurrence);

1. Application of the Acts and subordinate statutes to investigation report (abruptive photo attachment);

1. Relevant Article 7 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act concerning the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;