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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a guest who has entered the restaurant of "D" operated by the victim C (53 years and inn).
A. From December 3, 2015, from around 19:30 on the same day to around 20:30 on the same day, the Defendant: (a) took a meal within the “D” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) without any justifiable reason, taken the victim into consideration the following: (c) and (d) took a simple chair; and (d) presented out the other customers.
Accordingly, the defendant interfered with the normal restaurant business of the victim by force for one hour.
B. The Defendant damaged property, while putting the above fright at the time and place set forth in the above “A”, was frighting a simple frighter on the front glass of his business.
Accordingly, the defendant damaged the victim's property amounting to KRW 630,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. C’s statement;
1. Application of Acts and subordinate statutes concerning internal investigation reports, field photographs, and estimates for damage;
1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;
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;