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(영문) 서울남부지방법원 2013.06.21 2013고합87
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendants shall be punished by imprisonment for one year.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. On January 21, 2013, at around 11:40, the Defendants, who interfered with their duties, found the entrance in the “F cafeteria” operated by the victim E in Geumcheon-gu Seoul Metropolitan Government, and obstructed the operation of the victim’s restaurant by force by force, by making it impossible for the Defendants to enter the said restaurant by avoiding the entrance by drinking alcohol, while having the entrance not sold to the Defendants who are going to the disturbance in the said restaurant under the influence of normal drinking. However, the Defendants, while taking a large voice to the locked and the victim, took the entrance, and walking the entrance in each way, and Defendant B, by viewing urine on the entrance, took the door so that they may not enter the said restaurant, thereby obstructing the victim’s restaurant operation.

In addition, the Defendants conspired with the Defendants, from the early December 201 to February 13, 2013, interfered with the victims' work by force over 21 times, such as the list of crimes (I) as shown in the attached Table of Crimes (I).

B. Defendants in violation of the Punishment of Violences, etc. Act (joint property destruction and damage, etc.) are at the “F cafeteria” around 11:40 on January 21, 2013, and the above A.

As described in the paragraph, each of the above restaurants was walking along the entrance of the above restaurants, thereby impairing the utility of the Aluminium string.

Accordingly, the defendants jointly damaged the victim's property.

2. At around 22:00 on February 22, 2013, Defendant A: (a) under the influence of alcohol, the Defendant attempted to bread the disease that embly embling in the air conditioners, and embling the employees G, and (b) attempted to restrain the victim E; (c) the victim took a bath, and (d) the victim took a house in the restaurant while taking the bath, and obstructed the victim’s operation of the restaurant by force by preventing the visitors who had entered the said restaurant from entering the said restaurant, such as the bridges following the bridges.

In addition, from August 2012 to February 27, 2013, the Defendant interfered with the victims' work by force on six occasions, such as the list of crimes (Ⅱ), as shown in the attached Table of Crimes (Ⅱ).

3. Defendant B: (a) on January 29, 2013.

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