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(영문) 인천지방법원 2015.11.05 2015고정2516
폭력행위등처벌에관한법률위반(공동퇴거불응)등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 18, 2009, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Incheon District Court on December 18, 2009, and the above judgment became final and conclusive on December 29, 2009. On July 21, 2011, the Incheon District Court sentenced a suspended sentence of two years by imprisonment with prison labor for one year and six months, and became final and conclusive on October 29, 2011.

Defendant, C, D, E, and F were to find the victim due to the H’s request that the victim G (the age of 47) was not given money due to the difference between Defendant, C, D, E, and F known to the front line and rear line.

1. On June 25, 2008, from around 10:00 to 13:00 on June 25, 2008, the Defendant interfered with the business, at the office of the victim of the I building 213 in Goyang-dong, Yongsan-gu, Ilyang-gu, Seoul, the Defendant, D, E, and F used to pay money to the victim, and the Defendant, D, E, and F used to sit in the office, and made it difficult for the victim to work properly at the office.

As such, the Defendant, in collusion with C, D, E, and F, interfered with the work by force as above.

2. The Defendant violated the Punishment of Violences, etc. Act (joint expulsion) due to the failure to comply with the request of the above victim to take it out at the same time and place as C, D, E, F, and 1.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each police suspect interrogation protocol of D, E, C, F, and H;

1. The police statement concerning G;

1. 112 Reporting case management table;

1. Previous convictions in judgment: two copies of the results of case search and application of Acts and subordinate statutes of three copies of the judgment;

1. Relevant Article 314(1) and Article 30 of the Criminal Act regarding criminal facts, the choice of a sentence, Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 319(2) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201); selection of fines, respectively.

1. The latter part of Article 37 and the first part of Article 39(1) of the Criminal Act dealing with concurrent crimes;

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