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The sentence of punishment against the Defendants shall be suspended.
Reasons
Punishment of the crime
Defendant
A is a person operating “D”, Defendant B is a secondary manager, and Victim E is a person operating “F”.
1. On July 24, 2015, at around 19:30, the Defendants: (a) thought that the injured party in the “F” operated by the victim E in Jeju-si G and the second floor in 2, would spread and cross the vain to the Defendants; (b) pursuant to this, the Defendants: (c) caused the disturbance of the Defendant for about 1 hour and 30 minutes; and (d) obstructed the victim’s health shop operation by force by avoiding the disturbance for about 1 hour and 30 minutes; and (e) preventing the customers who were under the control of the health shop from entering the health shop, and preventing them from entering the health shop.
2. The Defendants in violation of the Punishment of Violences, etc. Act (joint injury) inflicted injury on the victim E (the 45-year old age) at the above health shop around 21:00 on the same day, and at the above health shop, the victim E (the 45-year old age) went to the Defendants, thereby pushing the Defendants in a tight manner, and jointly with the victims by attaching the victim's head collection, thereby causing about two weeks of treatment.
Summary of Evidence
1. Each legal statement of witness E, H and I;
1. Some statements concerning the Defendants in the police interrogation protocol
1. A E-document;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);
1. The Defendants: Articles 314(1) and 30 of the Criminal Act; Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; and each selective fine.
1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;
1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (a) of the same Act (a person who inflicted damage on Defendant A was ordered to take a summary order of KRW 300,000 as an act of defamation by publicly alleging false facts as to the management room of Defendant A’