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(영문) 부산지방법원 2018.04.25 2017고단993 (1)

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge that interferes with one’s own business on August 22, 2015 shall be acquitted.

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to eight months of imprisonment for habitual injury, etc. at the Busan District Court on February 23, 2017 and completed the execution of the sentence at the Busan Detention Center on February 23, 2017.

1. On March 2, 2017, from around 19:40 to 22:30, the Defendant interfered with the business, at the “F” restaurant operated by the victim E located in Busan Jin-gu, Busan, the Defendant drinked tobacco while drinking together with the Defendant’s daily driving, and the Defendant’s head of the 20th century.

In addition, there is no person who is now in the future, the victim's restaurant business was obstructed by force by failing to enter the restaurant by putting his or her organization, violence, or breach of trust, singing a large voice, or putting his or her behavior on the side of the restaurant entrance, etc., and making it impossible for customers who enter the restaurant.

2. On March 2, 2017, at around 22:29, the Defendant damaged a total of 50,000 won of the market price by reporting the police officers dispatched after receiving a report from the above F “F” restaurant on the following: “There has been no error in the police officers,” and the Defendant collected the franchisor, and attaching the franchisor at the victim’s market price located on the side of the above restaurant entrance, which is equivalent to KRW 30,000, the victim’s market price located on the side of the restaurant.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Statement made by the police for E;

1. Investigation report (limited to an additional amount of damage) (limited to attaching CCTVs inside a F restaurant at the head of the CCTV course), investigation report (limited to additional damage);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on whether a repeated crime is committed);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes by obstructing heavier business operations) of the Act on the Aggravation of Concurrent Crimes is violent.