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(영문) 인천지방법원 2016.09.23 2016고정1679

절도등

Text

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

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on December 9, 2015 and the said judgment became final and conclusive on May 12, 2016.

[Criminal facts] The victim B shall operate a cafeteria in Jung-gu Incheon Metropolitan City C.

It is the relationship that the defendant and the victim may know at all.

1. On August 29, 2015, the Defendant: (a) entered the above restaurant on a 10:30 on August 29, 2015; and (b) demanded food and drink “Irgrgrg’s wrgs and drink.”

However, with the knowledge of the absence of the victim, the defendant stolen the amount of 60,000 won from the land he stored to sell after moving to the main place.

2. Around 12:50 on August 30, 2015, the Defendant, who interfered with his/her duties, re-entered his/her body body body in the said restaurant, and entered the said restaurant in a lush state.

After that, the defendant, "13,00 won, 13,00 won, as soon as possible, was called an internal tax base return and failed."

Therefore, even though the victim was prevented, the defendant continued to escape the disturbance, thereby obstructing the victim's business from entering the restaurant by force by allowing the customers who were in the restaurant and allowing them to leave the restaurant at that time, and preventing them from entering the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous conviction: Application of Acts and subordinate statutes of one copy of the case search result, and the text of judgment;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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