Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
피고인들은 함께 2014. 5. 8. 19:40경부터 같은 날 20:30경까지 청주시 상당구 C에 있는 피해자 D 운영의 ‘E횟집’에서 술을 마시며 서로 욕설을 하고 큰소리로 떠들던 중, 옆 테이블에서 식사를 하던 손님 F로부터 조용히 해달라는 이야기를 듣자 피고인 A은 “뭘 자꾸 조용히 해 달라고 해”라고 소리치며 손바닥으로 F의 뺨을 때리고 F의 가슴 부위를 밀쳐 넘어뜨린 다음 이를 제지하는 F의 아버지 G을 밀치는 등 행패를 부렸다.
Accordingly, Defendant B was able to avoid any disturbance, such as threatening Defendant A’s face face at least twice with a sound, threatening Defendant A’s face, provokinging time, and taking a bath, with the floor of hand.
As a result, the Defendants conspired to interfere with the victim's restaurant business by force.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of Defendant A by the prosecution;
1. Each police interrogation protocol against the Defendants and H
1. Each police statement made to D, I, and J;
1. CCTV photographs and explanation, and the application of Acts and subordinate statutes governing the E frequency of the case;
1. The Defendants: Article 314 (1) of the Criminal Act and Article 30 of the Criminal Act;
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: (a) Defendant A was sentenced to six months of imprisonment on October 28, 2009 on the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) had been punished for several violent crimes on several occasions; (c) Defendant B, who was affiliated with a criminal organization on November 18, 2013, was sentenced to a suspended sentence of one year, and was in force for a suspended sentence of two years, without being aware of the fact that he committed the instant crime; (d) Defendant B committed the instant crime without being aware of the fact that he committed the instant crime; and (e) falls under the case of a third party who is not the victim of the exercise of power; and (e) Defendant B agreed with the victim.