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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
From the end of 2007, the Defendant operated a selling store of school uniforms with the trade name of Daegu Seo-gu C. From around 2002, the victim D operated a selling store of school uniforms with the trade name of “F” in the first floor of the same E from 2002. They are in competition with business.
1. Around 15:00 on May 4, 2012, the Defendant parked a cub car in front of the given Fgate operated by the victim, and subsequently, the Defendant: (a) parked the cub car in front of the given F entrance; (b) “F is a large voice that “F students provide alcohol and tobacco, and cream in its uniform,” and (c) made it impossible for the Defendant to enter the said F parking lot by setting up a vehicle at the entrance of the said F parking lot, who was requested by the police officer called up upon receipt of 112 to move the vehicle
As such, the Defendant, by force, interfered with the victim’s business of school uniforms for about 15 minutes.
2. 피고인은 2012. 5. 4. 19:47경 위 F 내에서 피해자의 아들 I에게 “교복 판매현황을 내놔라, 사기나 치고 있어, 학생들을 선동해서 사기나 치고 말이야, 교복을 팔려면 정당하게 팔아야지, 내일 아침에 장사 못하게 덤프트럭으로 막아버리겠다.”라고 큰 소리로 말하고, 출입문을 발로 찼다.
As such, the Defendant, by force, interfered with the business of the victim’s school uniforms for about seven minutes.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Photographs of the entrance of vehicles;
1. A report on investigation (the relative to a police officer of a police box to file a report and a dispatch box) and a report on investigation;
1. Application of Acts and subordinate statutes to the investigation report (related to the verification of CCTV submitted by a complainant);
1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;
1. Sentencing the proviso of Article 186(1) of the Criminal Procedure Act.