(영문) 서울북부지방법원 2018.07.12 2018고정889

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(영문) 서울북부지방법원 2018.07.12 2018고정889

폭력행위등처벌에관한법률위반(공동감금)등

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Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants, as opposing members of the Gangnam-gu D D reconstruction promotion committee, have been in dispute with the victims E (n, 49 years old) who are employees of the said reconstruction promotion committee, individually visit the residents of the above regions to encourage the rebuilding voting.

around 17:46 September 19, 2017, at the vicinity of the entrance of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendants: (a) visited the above lending residents; (b) discovered the victims who intend to get out of the building; and (c) prevented the victims from visiting other residents; (b) Defendant A, along with G (a disposition that does not have the right of prosecution on the same day), obstructed the front of the damaged persons from the inside of the entrance of the building; (c) shaking the victim by breaking off or putting clothes; and (d) Defendant B, along with the entrance of the building, obstructed the victims who want to enter the building to assist the victims from the outside of the building, or obstructed the entrance of the building from the outside of the building.

As a result, the Defendants jointly detained the victim with G, and Defendant A, at the same time, inflicted an injury on the victim, such as catum salt in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A damaged photograph;

1. A written diagnosis of injury;

1. Investigation report (the analysis of images presented by Handphones and video by the complainants);

1. Application of the Acts and subordinate statutes to the investigation report (change of the name of the defendant);

1. The Defendants of the relevant Act on the Punishment of Violences, etc.: Article 2 (2) 2 of the Punishment of Violences, etc. Act; Article 276 (1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose punishment: Fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제2호

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