Defendant

A shall be punished by a fine of KRW 700,000.

If the above defendant does not pay the fine, KRW 100,000.

Punishment of the crime

[2018 High Court Decision 117] (Defendant A)

1. On August 9, 2017, at around 12:10 on August 9, 2017, the Defendant damaged the property by walking three bits of the market price owned by the victim, who had been displayed at the same place, due to parking problems in front of the D restaurant operated by the victim B in Chuncheon City.

2. The Defendant interfered with his duties, at the time, at the place, as described in paragraph 1, collected soil from damaged parts as described in paragraph 1, as his hand, and entered the said place, and laid the victim’s meals to the customer E, etc., who had the victim’s meals, and caused the customers to get out of the place.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. The legal statement of witness B and E;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on dispatch to the scene of violent incidents, and application of statutes on site photographs;

1. Relevant Articles 366 and 314(1) of the Criminal Act regarding criminal facts, and selection of fines (after a summary indictment, the Defendant paid the victim an amount equivalent to the amount of damage and agreed with the victim. The victim expressed his/her intent not to be punished against the Defendant; the Defendant is the primary offender; the circumstances leading to the instant case; the Defendant’s age, background leading up to the instant case; the Defendant’s age, environment; health conditions; circumstances after the crime)

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. Part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act (the part concerning Defendant B, 2017, 454, and 2)

1. On August 9, 2017, around 12:10, the Defendant: (a) committed assault against the victim A (n, 44 years old) who seeks to enter the Defendant’s shop in front of the D restaurant located in Chuncheon-si, Chuncheon-si, which he operated, by selling approximately six times, and used food waste to commit assault against the victim.

2. The offense of assault cannot be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act. The victim is the defendant.