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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On May 6, 2017, the Defendant: (a) around 10:51 on the ground that the victim C was unable to receive daily allowances from the injured party at the D cafeteria operated by the victim C, the Defendant: (b) caused the spitation of spits and sound on the floor in the said cafeteria for about 40 minutes; and (c) prevented other customers from entering the cafeteria.
Accordingly, the defendant interfered with the victim's restaurant business by force.
2. A foreigner staying in the Republic of Korea in violation of the Immigration Control Act shall carry at any time his/her passport, seafarer identification certificate, foreigner entry permission, foreigner registration certificate or landing permission;
Nevertheless, the defendant did not carry a passport, etc. at the time and place specified in paragraph 1 above.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes for a report of investigation (inward No. 12 of investigation records);
1. Article 314(1) of the Criminal Act (the point of interference with business and the selection of fines) for the crime, Article 98 Subparag. 1 and Article 27(1) of the Immigration Control Act (the point of possession of a passport, etc.);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;