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(영문) 서울중앙지방법원 2014.05.16 2013고단8258
업무방해등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 70,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around 01:50 on November 27, 2013, the Defendants conspired and interfered with the victim’s restaurant business by force by avoiding the disturbance between about 40 minutes, such as cutting the table table and chairs on the floor while drinking alcohol, in the process of fighting at a 'F’ restaurant operated by the victim E (the age of 49) in Gwanak-gu, Seoul Special Metropolitan City.

2. While Defendant A was suffering from disturbance at the above date and place, as described in paragraph 1, Defendant A suffered bodily injury, such as internal walls, etc., that require treatment for about 56 days to the victim, by drinking the victim’s face, on the ground that the victim said the victim’s cryp.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. E statements;

1. Each injury diagnosis letter;

1. A certified copy of medical records;

1. Application of Acts and subordinate statutes to field photographs and victim photographs;

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime A: Articles 314 (1), 30 (Interference with Business, Selection of Imprisonment), and 257 (1) (The point of injury and the choice of imprisonment): Defendant B: Articles 314 (1) and 30 (Selection of Fine) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The sentence of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following: (a) the basic area (including a person who has been specially mitigated) of the type 1 (in April 1 and 6) (including a person who has been specially mitigated) or where considerable damage has been recovered from the basic area (including a serious effort to recover damage) of the type 1 (in the case of a person who has been specially mitigated), / the serious injury (in the case of a sentence), the defendants are against the defendants; (b) the degree of injury to the victim; and (c) the victim does not have been punished. It is so decided as per Disposition for the above reasons.

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