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The sentence of sentence against the defendant shall be suspended.
Of the facts charged of this case, the prosecution against assault is dismissed.
Reasons
Punishment of the crime
On July 22, 2015, the Defendant: (a) around 15:00 on July 2, 2015, and (b) around 15:0 on the fact that there was a dispute between the victim C (at the age of 48) and the telephone, the Defendant obstructed the business of the victim C and D by avoiding disturbance for about 15 minutes due to the fact that the victim found the store “” in Changwon-si E Commercial Building, operated as the business with D and D, thereby making the victim face-to-face sales.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Each police statement made with respect to C and D;
1. In an investigation report (record a statement by a person’s phone), [the “power of force” in the crime of interference with business refers to any force that may suppress or confuse another person’s free will, either tangible or intangible, or intangible (see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013). According to each of the above evidence, it is recognized that the Defendant’s act above by the Defendant constitutes force of interference with business in light of the date and place of the crime, motive, purpose, number of persons involved in the crime, type of business, and the status of the victim].
Application of Statutes
1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. A fine not exceeding 500,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. The part dismissing the prosecution under Article 59(1) of the Criminal Act (including the minor degree of interference with business, the defendant's agreement with the victim that the injured person is not punished against the defendant, the defendant's primary offender, etc.) of the suspended sentence
1. On July 22, 2015, the Defendant: (a) around 15:00 on July 22, 2015; (b) on the part of the former victim C (at the age of 48), and the telephone; (c) on the part of the victim, the Defendant: (a) sought a store in the E Commercial Building E, which the victim operated with D and D as a partner; and (d) assaulted with the victim, with the wheels of the victim’s hack, with the victim’s hack.
2. This part of the judgment is the Criminal Act.