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(영문) 전주지방법원 남원지원 2019.06.18 2018고단303
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, 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-offenders, around November 3, 2018, engaged in a dispute with each other while drinking together at the fourth room of the “E” point of the “E” point of the victim D (Inn, 32 years old) in Nam-si, Namwon-si, Seoul, around 02:44.

As Defendant B fighted on his body, Defendant B her body fighted up to 5-6 clicker and beer flicker, and Defendant A also her body fightd up to flicker with 5 clicker and flicker with the wall or flicker corresponding thereto, Defendant A continued to flicker with the wall or flicker, each other’s body fighting, followed up two radio microphones installed at the door to flicker, and walked with the air conditioning.

As a result, the Defendants jointly damaged the property owned by the victims, such as approximately KRW 760,00 in the total market area of approximately KRW 760,000,00 in the room (or KRW 500,00 in the market price) and about KRW 2.60,00 in the radio microphone (or KRW 2.6

2. At the date, time, and place as described in paragraph (1), Defendant A: (a) throwing things as above; (b) laid in B and his body fighting; and (c) laid in the disturbance, Defendant A threatened the victim; (d) opened one room, and opened a door to the customer who drinks alcohol at that place; and (e) opened two doors and opened three-minutes to the customer who drink in the manner of drinking alcohol, and embling three minutes of the customer, and embling three minutes of the customer.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes concerning investigation reports (a written estimate and submission of receipts);

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

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act.

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