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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2016. 9. 18. 14:20 경 피해자 C(51 세) 이 운영하는 제주시 D에 있는 E 렌터카 사무실 고객 대기실에서, 피해자가 밀린 임금을 주지 않는다는 이유로 “ 으아, 씨 발 놈 아, 이 개 새 꺄, 씨 발, 사장 만나러 왔다, 씨 발 놈 아, 개 새 꺄, 이 개새끼야, 씨 발 놈 아 ”라고 큰소리로 욕설을 하고 왔다 갔다 하면서 사무실 입구에 드러누워 지나가는 사람들을 향해 발길질을 함으로써 위력으로 피해자의 렌터카 사무실 영업업무를 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Investigation report (related to current situations at the time of arrest of flagrant offenders and treatment of 119 first aid workers);
1. A criminal investigation report (Attachment of images and caps);
1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;
1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order recognized the Defendant to commit the instant crime, and the Defendant committed the said crime under dispute with the victim as a matter of wages, etc.; there are circumstances to consider the motive for committing the instant crime; and the fact that there was no record of the same crime prior to the instant crime is favorable to the Defendant.
However, in light of the fact that the Defendant did not receive the above crime from the injured party or did not reach an agreement with the injured party, the Defendant’s age, sexual conduct, environment, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions as shown in the argument of this case, it is not recognized that the amount of fine specified in the summary order is excessive, and there is no change in circumstances that may be considered in sentencing after the summary order, and it is so decided as per Disposition by maintaining the amount of fine in the summary order.