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(영문) 대전지방법원 2015.04.29 2014고단4327
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On November 26, 2013, the Defendant was sentenced to a suspended sentence of three years on July 3, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on November 26, 201 and the judgment became final and conclusive on July 3, 2014,

1. On September 13, 2014, the Defendant damaged the property in an amount equivalent to KRW 800,000,000 in total market value of incidental facilities owned by the victim, such as breaking the beer’s disease at the starting point of the operation of the victim E in Daejeon Dong-gu, Daejeon, and 15.

2. The Defendant interfered with the business of the victim E by force for about 20 minutes, such as avoiding disturbance, such as the date, time, place, and content set forth in paragraph (1), and allowing outside of the area, thereby interfering with the victim E’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports, on-site photographs, and investigation reports (specific reports on the amount of damage);

1. Article 314 (1) and Article 366 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant did not make a brupt against the victim H at the time of the instant case, and that there was no brush with the shoulderer’s disease that led the victim, and thus, the facts charged regarding the violation of the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) cannot be acknowledged.

The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① the Defendant did not have any time with other customers including the victim H prior to the occurrence of the instant case, and ② the Defendant himself was made due to the infertility with the female-friendly Gu, who had a telephone conversation at the time of the instant case.

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