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(영문) 서울중앙지방법원 2016.08.24 2015고정2705
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. The Defendants’ interference with the Defendants’ business are employees of the “G” company that is the former management company of the Seoul Jung-gu Seoul Metropolitan Government.

Meanwhile, on May 31, 2012, the entrustment management and operation contract for the above commercial building, which entered into with the above FF shopping mall around May 31, 2012, expired on May 31, 2014. From around June 1, 2014, “H” newly entered into an entrustment management and operation contract, had the management authority for the above commercial building.

On August 3, 2014, around 20:08, the Defendants: (a) carried the victim I (48 tax) who is a director of the “F Commercial Building Development Management Committee” entrusted with some management authority by the said “H”; and (b) the employees of the said “H” moved the goods, such as clothes, such as clothing, etc., of the braille, into the said 95 shop out of the said shop; and (c) prevented the said I from moving the said I’s clothing, etc., in order to bring them into the shop again.

Therefore, the Defendants conspired to interfere with the management of commercial buildings by force as above.

B. Defendant A and B violated the Punishment of Violences, etc. Act (joint assault) at the same time and at the same place as described in the above paragraph (a), Defendant B sealed the part of the victim’s arms with his left hand, and Defendant A added an envelope containing the Defendant B and clothing to the victim’s hand, and pushed the victim’s goods out of the store by pushing the victim’s hand.

As a result, Defendant A and B assaulted the victim jointly.

2. According to the records, on May 31, 2012, the Fran shop management body composed of the owners of Fran shop owners entered into an entrustment management and operation contract with G and F commercial buildings. The term of the contract stipulated in the above entrustment management agreement is from June 1, 2012 to May 31, 2014, and the J, the owner of Fran shop No. 95 (hereinafter “instant store”), the owner of Fran shop 3rd floor (hereinafter “instant store”).

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