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(영문) 대구지방법원 2017.05.31 2017고정871
업무방해등
Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

가. 폭력행위 등 처벌에 관한 법률위반( 공동 폭행) 피고인들은 2016. 9. 21. 21:30 경 대구 남구 C에 있는 세입자이며 피해 자인 D(38 세) 이 운영하는 ‘E’ 식당에서 피해자가 밀린 월세를 주지 않는다는 이유로 화가 나 피고인 A은 양손으로 피해자의 양팔을 잡아 뒤로 넘어뜨리고, 피고인 B는 오른손으로 피해자의 왼뺨을 1회 때렸다.

Accordingly, the Defendants jointly assaulted the victim.

B. The Defendants, who interfered with their duties, found the above “E” restaurant at the time and place specified in paragraph 1, and caused the disturbance for about 30 minutes, such as that the Defendants were able to look at the said “E” restaurant on the said grounds as above, and were able to take the victim’s bath and sound.

Accordingly, the Defendants conspired to interfere with the victim's restaurant business by force.

2. At the time and place specified in paragraph 1, Defendant A reported the victim F (39 years of age)’s act to photograph moving pictures with smartphones, and assaulted the victim’s act twice by hand.

3. On September 23, 2016, Defendant B demanded the victim, who did not know about the victim D (38 tax) monthly rent in the above “E” restaurant, to change the monthly rent to the large interest rate. As the victim demanded the withdrawal from the victim, Defendant B obstructed the victim’s restaurant business by force by avoiding disturbance for about 20 minutes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or F;

1. Application of each statute on filing of a complaint;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (the point of joint assault) ; Articles 314(1) and 30 of the Criminal Act (the point of interference with business) ; Article 260(1) of the Criminal Act (the point of assault) ;

B. Defendant B: Article 2 of the Punishment of Violences, etc. Act.

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