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(영문) 서울남부지방법원 2014.10.13 2014고정2035
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

Defendant

A and B shall each be subject to the above fine.

Reasons

Punishment of the crime

The Defendants are employees of H Co., Ltd., the former controlled entity of Gangseo-gu Seoul Metropolitan Government Gtel, and the victim I (the age of 52) is the current controlled entity of the above officetel.

1. Although Defendant A and B sent a certificate of content that “the victim’s office would be changed by January 6, 2014,” Defendant A and B entered the first floor management office of the above officetel around January 7, 2014, the victim’s body was pushed down to prevent the Defendants from entering the said office, and the victim’s body was pushed down to prevent the Defendants from entering the said office. Defendant A and B, by hand, forced the victim to sprinked and sprinked down the breath for about two weeks in need of medical treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. The Defendants A, B, C, D, and E entered the first floor management office of the above officetel underground on the same grounds as the preceding paragraph on January 7, 2014 and occupied the inside without going through the management office until 14:45 of the same day in spite of the victim’s request for eviction.

As a result, the Defendants conspired to interfere with the victim’s officetel management work.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Results of viewing video CD reproduction;

1. Part I of the protocol of interrogation of the police officer against Defendant A

1. A complaint;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act (the point of joint injury) and Articles 314(1) and 30 of the Criminal Act (the point of interference with business) and the selection of each fine

B. Defendant C, D, and E: Articles 314(1) and 30 of the Criminal Code (Appointment of fines for negligence)

1. Defendant A and B among concurrent crimes:

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