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(영문) 서울동부지방법원 2016.03.23 2016고정37
재물손괴등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 19, 2015, around 18:30 on September 19, 2015, the Defendant damaged property: (a) at C mobile phone stores located in Seongdong-gu Seoul, Seongdong-gu, Seoul, for the purpose of requesting the victim D to assist; (b) on the ground that he/she was dealt with by others, he/she was monitoring on the tables, and damaged one head of the favorable interest of 50,000 won at the market price; and (c) the monitoring unit equivalent to 10,000

As a result, the Defendant destroyed the property managed by the injured party.

2. The Defendant interfered with the business of the Defendant, at the above date, at the same time, and at the same place as above, obstructed the Defendant’s mobile phone sales, repair, etc. by force, by forcing other customers who had been in the store to get out of the room, such as having been monitored with the victim’s desire to see “flasing, flasing,” thereby obstructing the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a criminal investigation report (criminal suspect's criminal history pictures and CD attachment);

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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