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(영문) 인천지방법원 부천지원 2012.11.01 2012고정1449
업무방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2012, the Defendant was sentenced to one year of imprisonment by the Incheon District Court for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the said judgment became final and conclusive on June 29, 2012.

【Criminal Facts】

1. On December 5, 201, from around 20:00 to 20:30, the Defendant, by force, obstructed the victim’s restaurant business by means of force, such as: (a) having expressed the intent to “I would die for a crym; (b) will not be funeral for the same year; and (c) would be dead for a crym in the D restaurant operated by the victim C (57 years of age, leisure) located in Kimpo-si B, on the ground that the victim was not on credit.”

2. The Defendant, as in the preceding paragraph, destroyed 2 chairs who are able to receive the name of the victim (30 cm in diameter, 70 cm in height) with the name of the consignee as well as the name of the consignee, and damaged the part of the consignee's bridge, and damaged 2 chairs who are able to receive the chair, etc. in the city.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A damaged scene and a photograph of the damaged article;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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