Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 8,000,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendants, at around 01:10 on February 27, 2017, at the “F main point” of the victim E’s operation located in Busan Dong-gu, Busan, the Defendants, while taking alcohol together, expressed their desire to take a large voice on the ground that they do not fit mutual opinions while drinking, and were in the process of taking a fright face with each other, and were in the process of taking a fright.
The above customers are satisfing, such as face by side tables, and the customers are satisfing.
항의하자, 피고인 A은 위 손님들에게 “ 뭘 보 노 개새끼야 ”라고 욕설을 하고, 피고인 B는 위 손님들에게 “ 씹할 놈, 씹할 년” 이라는 등의 욕설을 하면서 테이블 위에 있던 유리컵을 바닥에 집어 던지고, 테이블을 걷어차고, 계속해서 피고인 A도 이에 가세하여 유리컵을 바닥에 집어 던지고, 손님이 없는 빈 테이블을 발로 걷어차는 등 약 30분에 걸쳐 행패를 부렸다.
As a result, the Defendants conspired to act to interfere with the main operation of the victim by force.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Article 314 (1) and Article 310 of the Criminal Act and the choice of punishment for the crime, Articles 314 (1) and 30 of the Criminal Act, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, Defendant A for the reason of sentencing of the provisional payment order shall be sentenced to punishment as ordered by comprehensively taking into account the following: (a) during the period of probation; (b) Defendant B did not know himself during the period of repeated crime; and (c) Defendant B did not commit the instant crime despite being subject to a fine of KRW 3 million due to the crime of injury during the period of repeated crime; (c) Defendant B did not commit the instant crime; (d) although each crime was committed during the period of repeated crime, the liability for the instant crime was less and less; (e) the victim did not want punishment upon agreement with the victim; (e) the Defendants’ age, sex, environment, circumstances leading to the commission of the crime; and (e) the circumstances after the crime.