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(영문) 대구지방법원 포항지원 2014.06.11 2013고정692

폭행등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 00:50 on September 30, 2013, the Defendant: (a) made a port to the victim E (the age of 71) who is a business owner, in the passage of the Donman in South-gu C, to be a guest; and (b) obstructed the victim’s influence business by force of approximately 30 minutes, such as opening the carter door and viewing the urine.

Summary of Evidence

1. Each statement made by the witness F and E;

1. Application of Acts and subordinate statutes to a report on investigation (on-site photographs);

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant and his defense counsel asserted that the Defendant did not receive money from F and E on the floor, and that he did not interfere with the Defendant’s business. However, considering the witness F and E’s statements and legitimate evidence submitted in this court, the Defendant and the defense counsel’s above assertion are not accepted.