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(영문) 수원지방법원 2013.12.27 2013고단5864
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A shall be punished by a fine of 4,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant B, at around 23:10 on September 16, 2013, entered E-B clubs with D located in Suwon-si, where the manager is, and play a dance with D, Defendant B, on the ground that the victim F, who was an employee at the stage, was at the stage, was at his own head, and threatened the victim by putting the beer’s disease, which is a dangerous object, on the ground that he was at the stage, and the victim F, who was at the stage, was at the end, was at the risk of causing harm to the victim’s body.

2. Defendants B, citing the above date, at the above place, string beer disease, and the customer returned to the business site where they gather, threatening employees and customers, string the cans on the tables by placing them in a lighting device at the stage where they are gathered, and Defendant A also laid the cans into a lighting device where the cans are collected in a stage.

As a result, the Defendants conspired with and by force interfered with the business of the age club that the victim D is a manager, and damaged the cans, etc. where the repair cost cannot be determined jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. F’s statement among the interrogation protocol of the police as to Defendant B

1. Application of each police protocol of statement to F and D;

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

A. Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, and selection of fines for negligence

B. Defendant B: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 2(2) and 283(1)1 of the Criminal Act, Article 366 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act

1. Defendants among concurrent crimes: former part of Article 37 and Article 38(1)2 of the Criminal Act.

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