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(영문) 대구지방법원 김천지원 2013.05.09 2013고정190

폭행등

Text

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

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

Reasons

Punishment of the crime

1. Around October 23, 2012, the Defendant, while drunk at the convenience store B in the Gumisisi, b, expressed the victim C’s desire to “Chewing” without any justifiable reason, assaulting the victim’s face twice in drinking.

2. The Defendant interfered with the business of the Defendant: (a) obstructed the victim’s convenience store business by force for about 30 minutes by failing to enter the disturbance, such as making the convenience store display stand drinking once a week; and (b) preventing customers who want to get on the convenience store by smoking tobacco from falling under the floor; and (c) interfered with the victim’s convenience store business by taking the convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act and the choice of a fine for the crime, the applicable Article of the Criminal Act and the choice of a fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.