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(영문) 인천지방법원 2015.06.18 2015고단819
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Interference with business;

A. From around December 1, 2014 to around 02:00 of the same day to around 05:00 of the same day, the Defendant: (a) obstructed the victim’s music club business by force for three hours, by avoiding disturbance, such as destroying the table table, which was located on the table of the victim, on the ground that the victim E demands the victim to pay the drinking value; (b) from around 02:00 to around 05:0 of the same day, the Defendant: (c) obstructed the victim’s music club business by avoiding the disturbance; (d) preventing the victim from running his/her music club by exposing the table, which was located on the table of the victim; and (e) allowing the victim to pay the drinking value.

B. Around January 22, 2015, the Defendant, from around 05:00 to around 05:20 on the same day, expressed the victim H, operated by the victim H on the Bupyeong-gu Incheon Bupyeong-gu G, for the foregoing reason, the Defendant: (a) expressed the victim’s desire to the Plaintiff at the large interest “I bit bit of bitch bitch bitch bitch,” “I do so in this way to the customer; and (b) carried the table table, which was located on the table, and debrised with the table, and caused the victim to be unable to run a singing club business, thereby obstructing the victim’s business operation by force for about twenty (20) minutes.

2. The Defendant destroyed and damaged property by throwing a arbial agreement equivalent to KRW 50,00 in the market value of the victim H holding on the floor at the time and place specified in the above 1-B, at the time and place of the above 1-B.

3. The Defendant, at the time and place indicated in the above 1-B, was provided with alcohol and alcohol equivalent to the sum of KRW 190,000, as if he did not have the intent or ability to pay the alcohol value to the victim H, despite having no intention or ability to pay the alcohol value.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of H and E;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of H and E;

1. Each receipt; and

1. CCTV image data and a caps of a caps: Provided, That CCTV image data shall be excluded herefrom;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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