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The sentence of punishment against the Defendants shall be suspended separately.
Reasons
Punishment of the crime
1. A around May 2017, Defendant A operated a street store for a long time without complying with the request of the victim to set off his/her street store in the “E” 1st floor street parking lot in Jongno-gu Seoul Metropolitan Government, with clothes, etc. displayed on the floor, and operated the restaurant.
Accordingly, the defendant interfered with the victim's restaurant business by force.
2. Around May 2017, Defendant B operated a store for a long time without complying with the request of the victim to set off a street store in the “E” rastop 1 upper floor of the victim D’s operation, with clothes, etc. displayed on the floor, and operated a restaurant.
Accordingly, the defendant interfered with the victim's restaurant business by force.
Summary of Evidence
1. The Defendants’ partial statements in the first public trial protocol
1. Legal statement of the witness D;
1. The protocol concerning the interrogation of each police suspect against the Defendants
1. Statement made by the police against D;
1. Complaint;
1. Application of statutes on site photographs;
1. Relevant Article 314 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 314 (1) of the Criminal Act (Selection of Penalty)
2. Defendants to be suspended from sentence: Fine of 500,000 won; and
3. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)
4. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (the first offender who has no record of punishment; the victim does not want the punishment against the Defendants; the Defendants committed the instant crime while making their occupation for their livelihood; and other factors of sentencing as shown in the instant records and trial process, including the Defendants’ age, sex, environment, etc.)