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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is B's son, B is the lessor of the building located in Gyeongbuk-gun, Gyeongbuk-gun, and the victim D (V, 53 years old) is the person who leases the above building and operates the multilateral bank.
1. On October 6, 2017, the injured Defendant expressed the victim’s desire to have a dispute over the lease of a building in the above E multilateral area around 20:30 on October 6, 2017, and put the victim’s clock, which requires treatment for about 14 days after considering the victim’s clock with the hand floor at one time.
2. On October 6, 2017, from around 20:10 to around 20:30 on the same day, the Defendant obstructed the victim’s multi-faceted business by force by avoiding a small amount of disturbance for about 20 minutes, such as: (a) having the victim take a bath at the places indicated in paragraph (1) as described in paragraph (1); and (b) having the victim go to the customers who were in the said multi-faceted room; and (c) having the victim go to the said multi-faceted business.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. An injury diagnosis certificate (D);
1. A report on internal investigation (related to the parts damaged by the victim and the damaged fire parts) (the defendant and his/her defense counsel asserted that the defendant's hand floor of his/her hand alone, although he/she was small at one time, he/she did not take a bath, he/she did not interfere with the victim's multi-face business, and that his/her act at the time of bucking corresponds to a legitimate defense
However, the victim and the F have expressed their credibility in light of the fact that the victim and the victim expressed the victim's desire to do so, the fact that the customer was hindered in business by leaving the victim, and the circumstances before and after the victim's behavior, and the credibility can be recognized in light of the attitude of the statement.
In addition, in light of the attitude of the defendant's act and the degree of the victim's injury, the defendant's act cannot be viewed as a legitimate defense or a legitimate act.
Therefore, we cannot accept the defendant's and defense counsel's assertion.
Application of Statutes
1. Article 257(1) of the Criminal Act (the point of injury) and Article 314(1) of the Criminal Act concerning facts constituting an offense (the interference of business).