Text
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 9, 2020, from around 14:30 to 14:45 of the same day, the Defendant obstructed the victim’s restaurant business by force by having the customers leave his place, by having the victim D (n, 61 years of age) who is an employee of the restaurant take a large sound with his driving and taking meals within the Dong-gu Seoul Metropolitan City B and “C cafeteria,” and by having the customer take a large look at it.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Investigation report (Investigation of CCTV confirmation in a C cafeteria);
1. Application of Acts and subordinate statutes to field photographs and CCTV photographs;
1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. For the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine determined by the summary order shall be reduced partially by taking into account the following: (a) the defendant recognized and reflects the instant crime; (b) the victim does not want the punishment; (c) the degree of power exercised by the defendant is relatively minor; and (d) the defendant suffers from heavy depression.
Public Prosecution Rejection Parts
1. The summary of the facts charged, from around 14:30 on May 9, 2020 to 14:45 on the same day, the Defendant heard the victim D, who is a restaurant employee, from the victim D, who is a restaurant employee in Gwangju Dong-gu B and C cafeteria, and assaulted the victim by making the victim’s chest part of the victim’s chest by hand.
2. The facts charged in this part of the judgment are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act.
However, according to the records, the victim can recognize the withdrawal of his/her wish to punish the defendant on July 23, 2020, which was after the prosecution of this case was instituted.