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(영문) 부산지방법원 동부지원 2018.07.11 2018고단570
폭행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to six months of imprisonment with labor for the obstruction of business in the Busan District Court's Dong Branch, and the judgment became final and conclusive on April 20, 2018.

1. On November 25, 2017, the Defendant assaulted the victim on the ground that the victim C (57 years old) in the Nam-gu Busan metropolitan area B was injured by the victim’s lower part of the back part of the victim, on the ground that the victim’s victim C (57 years old), who is in Busan metropolitan area B, might disregard himself/herself.

2. From November 25, 2017 to around 23:501 on the same day, the Defendant interfered with the victim’s Schlage’s business by force by force, such as: (a) continuing to walk the victim at the front and the entrance of the said Schlage on the grounds of disregarding himself/herself, and preventing him/her from gaining access to the said place; (b) from around 23:35 to around 23:47 on the same day, the Defendant interfered with the victim’s Schlage’s business by the same reason and method.

Summary of Evidence

1. A protocol concerning the interrogation of suspect C by the police;

1. Investigation report (on-site CCTV verification and investigation);

1. Previous conviction in judgment: Application of the Acts and subordinate statutes submitting reference materials;

1. Article 260 (1) of the Criminal Act (the point of violence), Article 314 (1) of the Criminal Act (the point of interference with business) and the selection of each fine for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, environment, records of the crime, details and degree of interference with the use of violence and duties, the circumstances leading to the instant crime and the circumstances after the crime, etc., shall be determined as the same as the order of the Criminal Procedure Act;

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