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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court on February 3, 2017 and completed the execution of the sentence in a female prison on August 4, 2017.
[Criminal facts] On November 8, 2017, around 10:45, the Defendant received a demand from the victim E who is an employee of the restaurant at the “D” restaurant located in Seoul Special Metropolitan City, Nowon-gu for the payment of the purchase price to the victim for the only week 1 illness, which was additionally ordered by the cafeteria employee E, the Defendant: (a) paid the purchase price in advance; and (b) whether the purchase price was “Isson
People's disregardation.
In addition, it was difficult to avoid disturbance for about 30 minutes due to the sound, unloading the table, etc., which is accompanied by a string.
Accordingly, the Defendant interfered with the management of the victim's restaurant by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. Investigation report (verification of CCTV images at the site of the case);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;
1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of applicable sentences under law: Fines of 50,000 to 150 million won;
2. The fact that the sentence was repeated during the period of repeated crime, and that the record of punishment for the same crime, other than the above repeated crime, was more severe than twice imprisonment and 15 times a fine, is less unfavorable.
On the other hand, the fact that the injured party does not want the punishment of the defendant by agreement with the injured party, that the injured party is a disabled person, that supports the mother, and that the injured party does not repeat after receiving the treatment related to alcohol.
In light of the above circumstances, the sentencing conditions, such as the character, conduct, environment, etc. of the defendant, shall be taken only once, and the sentence shall be determined as ordered.
Rejection of Public Prosecution
1. The Defendant charged with the facts charged on November 8, 2017: (a) around 11:00, a customer spawn on the restaurant.