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(영문) 광주지방법원 2016.04.11 2016고정112
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 12, 2015, the Defendant who damaged property indicated in the “D cafeteria” bill in the front of the “D cafeteria operated by the victim C” in Gwangju-dong-gu, Gwangju-gu without any reason, stating that “The market price, which was located there, was a free restaurant of an amount equivalent to KRW 500,000,000,00,000, market price, for the unbrupted portion of the city.” However, according to the police investigation report (the reasons for not attaching a written estimate for damage to the victim C), the Defendant did not submit a written estimate to identify the market price of the damaged property, and there was no other damaged fire or no objective evidence as to the market price of glass.

However, in the crime of property damage, the market price of the property does not affect the establishment of the crime, and unlike the written indictment, the market price of the property is different from the written indictment, and even if the market price of the property is modified to “in the market price,” it is likely to cause or

Therefore, without changing the indictment, the market value of the said chemical and glass windows shall be modified ex officio to “in the absence of market value.”

It was destroyed by adding the above chemical powder and glass to it.

2. The Defendant: (a) destroyed the paintings and glass at the above date, time, and place; and (b) harming the victim’s restaurant business by force by forcing customers to take a disturbance, such as putting the customers in the restaurant with the large interest of “Issker, mes,” and letting them go to the restaurant,” etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 366 of the Criminal Act and Article 314 of the Criminal Act concerning facts constituting an offense (the point of causing damage to property, the choice of fines) and Article 314 of the Criminal Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Act for the aggravation of concurrent crimes (Article 38 (1) 2) of the said Act.

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