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(영문) 대전지방법원홍성지원 2020.09.09 2020고단351
업무방해등
Text

Defendant

A A shall be punished by a fine of 6,00,000 won, by a fine of 50,000 won, by a fine of 50,000 won, and by a fine of 50,000 won.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Defendant C are colonies, and Defendant B and Defendant C are colonies.

At around 00:30 on September 20, 2019, Defendants were drunkly in the 'F located in Chungcheongnam-si, Chungcheongnam-si, E', which is operated by the victim D (W, 38 years of age) on September 20, 2019, and Defendant A was able to engage in disputes and physical fighting. Defendant A was able to get the table table 2 to 2 to 3 times off the said main entrance, and the glass entrance was 2 to 3 times off the said main entrance, and Defendant C damaged the said main entrance with the repair cost of KRW 887,000.

Defendant A continued to refrain from the dispute over the above Defendants, and Defendant A spit the brin of G’s breath and face by cutting off the fat, and spiting the fat of G’s fat and face. Defendant A fatd the fat of the victim H (ma, 41 years old) of the victim H (ma, 41 years old), who controlled the fat of G’s fating, and Defendant B fated the victim H’s fat with the fat of the fat and her blick with the fat of the said Defendants.

As a result, the Defendants conspired to avoid the disturbance about 30 minutes, thereby obstructing the victim's main business, and Defendant A and Defendant C jointly damaged the victim's D property, and Defendant A and Defendant B assaulted the victim's H jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of D, G and the field photo of each H's written statement;

1. A written estimate for an investigation report;

1. Application of the Act and subordinate statutes to a investigative report (CCTV fix photographs);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 314(1) and 30(1) of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (the occupation of joint assault and the selection of fines)

B. Defendant B: Articles 314(1) and 30(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260 of the Criminal Act.

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