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(영문) 청주지방법원 2019.07.11 2019고단837

상해등

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

1. On January 7, 2019, from around 13:30 to 14:00 of the same day, the Defendant interfered with the business of the victim’s clothes sales store operated by the victim C (n, 53 years of age) in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, the Defendant interfered with the business of the victim’s clothes sales by force by cutting off his cryp and displayed clothes inside the above clothing sales store out of the victim’s clothes sales store, on the ground that he does not put him up his shop despite the expiration of the lease period.

2. In the time and place mentioned in Paragraph 1, the injured Defendant, as described in Paragraph 1, and in the process of taking away scams and displayed clothes out of the place, had the victim faced with the victim’s body by hand, and caused about 14 days to go against the victim’s scam in the calculation unit of the place where scambling the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Each police statement of C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate and the 112 Reporting Cases Handling Table;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 314 (1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Article 334(1) of the Criminal Procedure Act: (a) The degree of explanation of the reason for sentencing under Article 334(1) does not focus on the order of provisional payment; (b) the original agreement with the victim is made; (c) the criminal records of the defendant; (d) the criminal records of the defendant;