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Defendants shall be punished by a fine of three million won.
In the event that the Defendants did not pay the above fine, only 100,000 won.
Reasons
Punishment of the crime
1. On March 26, 2018, the Defendants, who interfered with the duties of the Defendants, expressed a desire to call for the issue of the cost of happiness and drinking in E restaurants operated by the victim D (hereinafter referred to as 58 years old) in Asan City on March 26, 2018. Defendant B, who demanded the calculation of the drinking value, she was frighted for about 15 minutes for a period of 15 minutes due to the following reasons: (a) Defendant B, who was dispatched from the police officer who was under threat while taking advantage of plastic chairs in the said restaurant, and Defendant A was frighted for a period of 15 minutes during the said restaurant.
As a result, the Defendants conspired to interfere with the victim's restaurant business by force.
2. The Defendant’s fraud by deceiving the victim as if he did not have the intent or ability to pay the price even if having ordered an alcoholic beverage and food at the time, place, as stated in paragraph (1), and was issued to Defendant A with alcohol and food equivalent to KRW 25,00,00 in total, including: (a) 2 sick, 1 sick, and bals bals, 2 bals, etc., of the victim D.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Partial statement concerning the suspect interrogation protocol against the defendant A;
1. Statement made by the police against D;
1. Application of the receipt statute
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Articles 314(1) and 30(a) of the Criminal Act; Article 347(1) of the Criminal Act (the point of interference with business); Article 347(1) of the Criminal Act (the point of fraud) and each choice of imprisonment
B. Defendant B: Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; Articles of imprisonment
1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Orders / [Defendant B shall be drunk at the time of the crime interfering with the instant business and shall not be memoryd, and shall not have the ability to separate sacrife or be in a state of mental or physical loss or weakness.