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(영문) 부산지방법원 2017.04.24 2016고단6995
폭행등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant intentionally failed to get the victim E (61 years of age) boarding a taxi near the D pharmacy located in Busan Seo-gu, Busan at around 21:30 on June 3, 2016, to pay the son’s taxi expenses to the adjacent “G cafeteria” located in the same Gu F, which is a purpose for which he/she was serving as a customer, in order to not pay the son’s taxi expenses to the 20 minutes of the taxi floor.

Accordingly, the defendant interfered with the victim's taxi business by force.

On November 5, 2016, 2016, the Defendant: (a) was unable to avoid disturbance due to sound from the field employees working at the construction site of J Apartment-gu, Busan on November 11:10, 2016; and (b) obstructed the construction work of J Apartment-gu, as a threat of force for about 30 minutes, by preventing the Defendant from carrying out construction works due to the traffic of the construction site at the front of the J apartment site managed by the victim I, who is the head of the site site of Busan, on the ground that noise is severe and dust dust is emitted; (c) preventing the Defendant from entering the construction site of J Apartment-gu; and (d) demanding the Defendant to return to the site employees working at that site.

Summary of Evidence

"2016 Highest 7414"

1. Statement of the defendant in the second public trial records;

1. Protocol of the police statement to E "2016 Senior 8097 Senior 8097";

1. Statement of the defendant in the second public trial records;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

2. Selection of a selective fine (such as the fact that an agreement has been made with I among victims, the method or degree of interference with the affairs is relatively minor, and the fact that it is against the law).

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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