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(영문) 수원지방법원 2014.06.30 2014고정196
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. From August 20, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint destruction and damage, etc. of property) around 22:00 on August 20, 2013, at F restaurant operated by the victim E in Suwon-si, the Defendants would have the victim’s desire from his name in drinking alcohol. Defendant B, while drinking alcohol, was set at the entrance in which the victim’s market price, which is the victim’s possession on the table, was 45,000 won in the store, was set at the entrance in which the victim’s market price, which is 45,000 won in the inside of the store, was set at a gold door. Defendant A laid the door at the entrance to be set up.

Accordingly, the Defendants jointly damaged the property owned by the victim.

B. The Defendants are competing with each other to interfere with the business of the Defendants.

At the time, place, as mentioned above, the victim E's restaurant business was obstructed by force by allowing customers who had food by avoiding disturbance as above.

2. Defendant A’s above Article 1(A)

At the time, place, and victim H(the age of 43) suffered injury to the victim, such as the victim's arm's length, which requires approximately 6 weeks of medical treatment, by taking the victim's arms twice as the victim's face was spawn and knified with the defendant B, and making the victim's arms knife two times by drinking.

3. Defendant B’s above Defendant A.

At the time, place, as mentioned above, the victim G (n, 47 years of age) who is an employee of the above store had contact with the victim's G (n, e.g., the victim was suffering from the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. A written statement of G and E;

1. A medical certificate of injury, etc.;

1. Data on details of damage and photographs taken by a victim of damage;

1. Application of Acts and subordinate statutes to field CCTV recording data;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 2(2) and (1) of the Punishment of Violences, etc. Act.

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