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(영문) 대전지방법원 2013.5.23.선고 2012고정1161 판결
2012고정1161업무방해,상해·(병합)
Cases

2012 Highly 1161 Business Obstructions, Injuries

2012 High Court 1461 (Joints)

Defendant

○○ Kim (61******* 14*****) * Other businesses

Seo-gu, Daejeon:

6. Omission of the reference domicile:

Prosecutor

Kim Goods (A prosecution), the jury (a prosecutor acting on behalf of the prosecutor, a prosecution), and the order of the two-line (public trial)

Defense Counsel

Attorney Choi Han-il (Korean National Assembly Line)

Imposition of Judgment

May 23, 2013

Text

Defendant shall be punished by a fine of 3,00,000 won.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

2012 High Court 1161

The Defendant prepared to rent 133 units of building 133 located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, but tried to see that other people leased the above store and interfere with the operation of the above wedding hall on the wind against the victims who operated the above building 3 and 4 on the 3 and 4th floor of the above building.

On May 201, the Defendant displayed a 136 funeral room at the entrance of the entrance door, where the Defendant entered the said wedding room on the first floor of the building, and obstructed the victim’s wedding work by force by putting in a banner with the words “futileing agency, body recovery, salt specialization, remains box, pipe, number, body clothes, and funeral supplies” on a white basis on the examination color.

"2012 Goi461"

On October 9, 2011, the Defendant: (a) around 25, 201, around 3, 304, 304, Dong Man-dong 304, the Defendant: (b) was unable to enter a temporary assembly of the management body of the same building by the victim Kim Jong-gu (the age of 42); and (c) took the victim’s right face and left face on one occasion by the documents being used by the police as a defective report; (d) caused the damaged person by spiting breath on the face of the victim, thereby causing injury to the damaged person, such as light fladne, which requires treatment for about two weeks.

Summary of Evidence

"2012 Goi161"

1. Partial statements of the defendant in the first protocol of trial;

1 . 증인 정◎◎ , 김▣▣ , 김目 , 이▥▥의 각 법정진술

1 . 정◎◎ , 김▣▣에 대한 각 검찰진술조서

1. Statement of the police statement concerning Kim Jong-il;

1. A protocol of examination of suspect against each of the accused by the prosecution (including the whole part of examination);

1. On-site photographs;

1. Written agreement;

1 . 수사보고 ( 백▦▦ , 신NS , 민DU 전화진술 청취 )

1. CCTV images;

"2012 Goi461"

1. Partial statements of the defendant in the first protocol of trial;

1. Statement of the police statement concerning Kim Jong-chul;

1. A written diagnosis of injury;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 314(1) of the Criminal Act (Interference with Business), Article 257(1) of the Criminal Act (the point of injury) and each fine; 1. Aggravation of concurrent crimes

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Kim Jong-tae

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