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(영문) 부산지방법원 서부지원 2021.01.12 2020고정182

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, each of which shall be punished by a fine of KRW 500,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The defendants are members of the Emergency Management Committee for the Interest Emergency Management of Residents of the Residents of Busan Seo-gu E Apartment, and the victim F is the managing director appointed by the manager G elected at the general meeting of the management unit of the above apartment.

From January 2019, the Emergency Management Management Committee and the apartment management body have caused conflicts over the apartment management rights.

1. On September 25, 2019, Defendants A and D violated the Punishment of Violences, etc. Act (joint assault) dispute with the victim F (49 years of age), who is the head of the management office, in relation to the attachment of a large dog at the front corridor of the above apartment guard room, around September 14:30, 2019. Defendants A and D met with the victim F (49 years of age) who was the head of the victim three times with his hand, and Defendant D d sphere with her spherb, and her chest at one time with his hand.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendants A, B, and C agreed to cut the locks of the electric sprink in order to ensure that the above apartment management unit was locked with the locks of the electric sprink to check the electric spacker and the electric sprink.

Defendant

B around September 25, 2019, around 19:36, he cut the locks installed in the electrical circuit in each floor from the first to the seventh floor above the above apartment building, to the fourth floor above the ground, and Defendant A and Defendant C removed the cut locks from the electrical lock.

As a result, the Defendants jointly destroyed 14 locks worth 323,500 won in total at the market price, which is the joint ownership of apartment residents.

3. According to the evidence duly adopted and examined by the court below, each owner of each of the property in paragraphs (1) and (2) of Article 3-1 of the Criminal Act is acknowledged as a resident of E apartment, not the F of the Management Director, and even if the victim is changed from F to E apartment resident, it is deemed that the defendant's exercise of the defendants' right to defense does not result in any substantial disadvantage. Thus, without any changes in the indictment, the owner