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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
1. The Defendant causing property damage: (a) around 20:30 on March 12, 2018, on the ground that at the “D” restaurant operated by the victim C in the large exhibition Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
2. The Defendant interfered with the business of the Defendant, at the time and place of Paragraph 1, 2, 300, fighting the body of the Defendant, fighting with a large amount of son E on the said grounds, and obstructed the victim’s restaurant business by avoiding disturbance, such as placing an empty beer and breaking an empty beer’s disease.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police interrogation protocol of the accused, E, F, and G;
1. Statement to C by the police;
1. A report on the arrest of the occurrence of the case and a report on each internal investigation;
1. Application of statutes on field photographs;
1. Relevant provisions of the Criminal Act, Articles 314 (1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of the crimes of the above two crimes) among concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Public prosecutor’s opinion and summary order: Fine of two million won; and
2. The scope of applicable sentences under law: Imprisonment for one to seven years, or for a fine of 50,000 won to two million won;
3. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime (Interference with Business) [Determination of Types] Interference with Business (Type 1] : Aggravation of Interference with Business (Special Aggravation of Punishment): Where the method of interference with Business is very poor (the area of recommendation and the scope of recommendation), aggravation area (the area of recommendation and the scope of recommendation), one year to three years and six months;
(b) Group 2 crimes (determination of types) (Destruction of and damage to property) (general standards for destruction).