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(영문) 서울중앙지방법원 2015.08.31 2014고정5681
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. On May 9, 2014, the Defendants, in collaboration with G, H, and I, who are the employees of the F Institute of Private Teaching. At around 10:00 on May 9, 2014, the Defendants removed, in his/her hands, a bulletin box stating “M”, and “K”, which are posted by the employees of the victim’s K Institute in order to guide the students participating in the meeting of the Institute of Private Teaching Institutes, from the first floor to the third floor of the building in the Dongjak-gu Seoul Special Metropolitan J Building on May 10, 2014.

2. On May 10, 2014, the Defendants jointly removed a guide banner stating “M.K”, which is affixed KRW 500,000,00 in order to guide the students attending the briefing session of a private teaching institute on the wall of the stairs that are going to the third floor from the first floor to the third floor on May 10, 2014, from which the said victim’s employees L, etc. were removed in his/her hand to remove the guide banner that is set up at KRW 500,000 in order to guide the students attending the briefing session of a private teaching institute.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements made by the Defendants in each police interrogation protocol

1. Each police statement concerning L;

1. A report on investigation, and a report on investigation (to hear the N Opinion of a building owner);

1. Application of the Acts and subordinate statutes to each damaged photograph and estimate;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the selection of fines for negligence

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

1. Defendant A who is to suspend the sentence: Fines of 700,000 won Defendant B: Fines of 300,000 won;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 59(1) of the same Act provides that the Defendants shall not have a previous record, Defendant B shall not have a previous record of a fine once, except for a previous record of a fine, and the Defendants and the victims’ business competition relation and the number of floors used buildings, etc.

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