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(영문) 창원지방법원 2013.10.25 2013고정38

폭행등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2] At around 10:30 on July 2, 2011, the Defendant: (a) committed several assaults against the victim’s chests on the ground that the victim D(59 years of age) was awarded a successful bid by the victim D(59 years of age) located in Incheon Si-si, Incheon-si; (b) the Defendant reported the transfer of F and the number of personnel to the Defendant; and (c) the victim raised an objection.

[2013 high-level 39] On February 14, 2012, the Defendant, at around 14:00, prevented the Defendant from supplying electricity to J in the vicinity of the I Building, Inc., the victim of H’s operation in Incheon Strengthening-gun, thereby obstructing the Defendant’s work of managing a charnel house by force by letting the said J remove the transformers installed in the utility poles near the building on the 18th day of the same month.

Summary of Evidence

[2013 fixed38]

1. Partial statement of the defendant;

1. Each legal statement of witness D and K;

1. Each police statement to D or K;

1. Complaint;

1. Each investigation report (L's telephone statement and report on recording of telephone conversations from a witness);

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement of H;

1. Complaint;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on interview with the accused);

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act and the choice of a fine for the crime, the applicable Article of the Criminal Act and the choice of a fine for the crime;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.