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(영문) 서울북부지방법원 2017.07.06 2016고정2370
무고등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. Around 20:00 on May 16, 2016, the Defendant obstructed the victim’s restaurant business by avoiding disturbance for about 30 minutes by force, including the victim’s talking around D restaurant located in Jung-gu Seoul, and drinking alcohol, and “I do not drink. I do not drink,” and “I do not drink.”

2. The Defendant’s insultd the date, time, place, F, restaurant customers, etc. described in the above paragraph 1, and whether the victim E is “any year in which the victim was able to have opened, household destruction, weather, and any other year;

The victim openly insultingd the victim by referring to “the year in which the other party’s family failure was caused”.

3. In the date and time set forth in the above paragraph 1, the injured Defendant saw the victim G who was flick with E and body at a place, and put the victim G at a blick blick blick at the left-hand blick in need of four weeks of treatment.

4. Although the Defendant, as described in the above paragraph 3, assaulted G and physically injured 4 weeks of attention, the Defendant submitted a false complaint to the Cranc Police Station in Seoul on May 19, 2016, stating that “The Defendant punished him as an injury to the Defendant” on the 24th of the same month, and submitted a false complaint to the Cranc Police Station to the effect that “G is punished as an injury to the Defendant.”

Summary of Evidence

1. Each legal statement of witness E, G and H;

1. Complaints of the accused;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (G);

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, Article 156 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 257 (1) of the Criminal Act (the point of harm), Article 311 of the Criminal Act, and the choice of fines, respectively;

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. Article 334(1) of the Criminal Procedure Act shall be acquitted;

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