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(영문) 부산지방법원 2013.07.22 2013고정2495
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Interference with business;

A. A. Around March 2011, the Defendant committed a crime: around 17:00 on March 201, 201, at the “D” restaurant operated by the injured party C in Seo-gu Busan, the Defendant was unable to enter the said restaurant by avoiding disturbance, such as taking a large voice under the influence of alcohol.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

B. Around April 2011, the Defendant: (a) around 16:00 on April 201, 201, at the aforementioned “D” restaurant; (b) under the influence of alcohol, the Defendant was unable to enter the said restaurant by having the victim C undergo a disturbance, such as clocking.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. On June 13, 2012, around 12:30 on June 13, 2012, the Defendant: (a) did not have an intent or ability to pay the drinking value; (b) requested the victim C to provide alcohol; and (c) the Defendant was issued from the victim an alcoholic beverage amounting to KRW 5,500 per week.

3. Around 14:40 on June 13, 2012, the Defendant insultd the victim by openly expressing the victim’s swayf of the victim affiliated with the Busan Western Police Station Esway, which sent to the scene on the ground that the Defendant avoided the disturbance, on the ground that the victim slopef of the victim’s slopef of the Busan Western Police Station Estation, who was sent to the scene, was the Defendant at the scene of the disturbance. On the part of multiple people, such as G and C, the victim’s swayf of the victim’s slopef of the police station in Busan Western Police Station, etc., and the victim’s swayf of the victim’s swayfaf, who was well fafed to the Internet by placing the victim “the victim’s faf who returned

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, H and F

1. Relevant Article 314(1) of the Criminal Act, Articles 347(1) and 311 of the Criminal Act, the choice of fines for the crime, and the choice of penalties for the crime;

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

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