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(영문) 춘천지방법원 2016.08.09 2016고단540
폭행등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On March 5, 2016, in the course of assaulting “D”-based “D”-based “D”-based “Sacheon-si, Chuncheon-si, and a group of meals, the Defendant destroyed the following: (a) the market value, which is owned by the victim E of the said restaurant business, was lower than the number of stories, meals, and tables.

B. The Defendant, at the above date, at the above time and place, obstructed the victim’s restaurant business by force by assaulting the victim E, who was the owner of the above restaurant business, demanded that the victim E, who was the owner of the above restaurant, be able to be able to be able to easily b, thereby neglecting the victim’s restaurant business.

2. Defendant B, at the same date and at the same place as set forth in paragraph 1, the Defendant continued to assault the victim E, who is the owner of the restaurant business at which A and Si expenses are attached, demanding that the victim E, who is the owner of the restaurant business at which he was able to do so, and thereby interfere with the victim’s restaurant business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

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

A. Defendant A: Article 366 of the Criminal Act (a point of damage to property), Article 314(1) of the Criminal Act (a point of interference with business), and selection of fines, respectively.

B. Defendant B: Article 314(1) of the Criminal Act; selection of fines

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) considering the background, means, methods, and details of the instant crime for sentencing of Article 334(1) of the Criminal Procedure Act, the nature and circumstances of the crime are considerably not good; (b) the Defendants violated the Punishment of Violences, etc. Act from around 2012 to until around 2013.

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