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(영문) 서울중앙지방법원 2013.10.07 2013고정4348
폭력행위등처벌에관한법률위반(공동퇴거불응)등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. On July 10, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint departure) continued to sit in the above restaurant until the police officers G and H, who belong to the police box dispatched by the victim’s report without complying therewith, arrive in the above restaurant, even though they received a request from the victim for the completion of business hours from the victim on several occasions by drinking at the “E” restaurant operated by the victim D (the age of 55) in Seocho-gu Seoul Metropolitan Government, and putting the disturbance on the floor of the restaurant, such as lying the disturbance on the floor of the restaurant.

As a result, Defendants jointly leave the victim

Even after receiving the Gu, the Gu did not comply with it.

2. At the time, at the place, as described in the above Paragraph 1 above, the Defendants were asked to leave the above restaurant from the victim G (ma, 47 years of age) and the victim H (ma, 29 years of age) of the F police box, as described in the above Paragraph 1 above, and the Defendant A expressed the victim G that “this spons is absolutely not absolute feasible,” and the victim H expressed the victim H that “this sponse feas feas,” and Defendant B expressed the victim H expressed the victim “this feas feas,” and Defendant B expressed the victim H expressed the victim “this feas feas feas feas feas feas feas feas feas feas.”

Accordingly, the Defendants conspired to publicly insult the victim G and the victim H respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Application of CCTV Acts and subordinate statutes;

1. The Defendants: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(2) of the Criminal Act, Articles 311 and 30 of the Criminal Act, and the selection of fines for negligence

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

1. Defendants to be detained in the workhouse are ordered for the reasons under Articles 70 and 69(2) of the Criminal Act.

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