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(영문) 서울중앙지방법원 2016.11.30 2016고정1367

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

Defendant

A and B, respectively.

Reasons

Punishment of the crime

[Basic Fact-finding] Defendant A is the president of the Seocho-gu Seoul Metropolitan Government G Apartment Housing Reconstruction Project Association (hereinafter referred to as the "Rebuilding Association"), and Defendant B is a person opposing the removal of A who is the president of the association as a member of the reconstruction association and the re-building executor of H apartment to the G apartment reconstruction.

Defendant

C is the representative who proposed to hold an extraordinary general meeting on the dismissal agenda of Defendant A as of August 31, 2015, with the consent that the dismissal of Defendant A, the president of the association, and the re-building executor of H apartment, as the members of the reconstruction association, together with the reconstruction of G apartment.

Defendant

C by August 30, 2015, the day before the special meeting, from August 30, 2015 to August 18:00, the Seoul Seocho-gu J shopping Center 2 Dong 404 used by I as an individual office, to receive in advance a written resolution as to the dismissal of the head of the association, which is an agenda of the special meeting, from its members.

Defendant

A and B entered the above 404 office to receive the written resolution against dismissal of the president of the partnership around August 30, 2015, with approximately 20 members who oppose the dismissal of the president of the partnership, around 17:00.

However, the representative of the defendant C, etc. who received the written resolution within the above 404 office, may cause physical conflict with the above members who oppose the removal of the president of the association, and the above 404 office entrance is set up in front of the corridor and the above 404 office entrance is controlled by the above members who oppose the dismissal of the president of the association on the ground of 4-5 services employed as one-time employee on the front of the entrance entrance, and received the written resolution by selecting 20,000 members who will receive the written resolution as representative. Both of the above 404 office entrance were set up between the above 404 office entrance and the defendant A and E were selected as the representative for the receipt of the written resolution, and received the written resolution by the members as proxy.

【Criminal Facts】

1. Defendant B’s damage to property.