beta
(영문) 서울동부지방법원 2013.11.27 2013고단2582

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (the destruction of and damage to a deadly weapon, etc.) caused damage to the Defendant by using two camping nets, which are dangerous objects, for the reason that the Defendant did not properly pay wages even though having performed his/her work with a lower office at the (ju) seat of the victim in Songpa-gu Seoul building 301, on September 12, 2013.

2. The Defendant interfered with the business by force, as set forth in Paragraph 1, caused disturbance, such as taking the subject of the suit, taking the subject of the suit on the said grounds at the time, at the same time, and at the same place as set forth above, thereby preventing the victim E and three other persons from performing normal business affairs for about one hour, thereby obstructing the work of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interfering with business on the market, and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the victim does not want the punishment of the defendant, that there are circumstances that may be taken into account the circumstances of the crime, and that his mistake is against the victim).