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(영문) 창원지방법원 진주지원 2014.10.17 2014고단404
폭행등
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, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A

A. On October 11, 2013, the Defendant damaged the entrance door owned by the Victim G, which was operated by the Hadong-gun F on the ground that the door is not opened in Hadong-gun F around 21:30 on October 11, 2013, the Defendant was 3.80,000 won for replacement of the entrance door on the part of the Hadong-gun.

B. The Defendant interfered with the business of the victim G at the above date, time, and place, and by force, interfered with the operation of the victim’s conference by forcing the victim to leave the three guest rooms who was accommodated in the telecom with the disturbance, such as having the victim G sing the entrance open and walked with the Defendant, and singing the victim’s abusive.

2. Defendant B suffered injury, at the above date, at the above time and place, when the victim A (the age of 37) avoided the disturbance as described in paragraph 1, the part of the Defendant’s title, which prevents the victim from suppressing the disturbance one time, was taken two times of the victim’s face by drinking alcohol, and the victim took about about four weeks of the victim’s face by drinking the victim beyond the floor.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness A and I (with respect to the defendant B);

1. A witness B and each legal statement of the J (as to the defendant A);

1. A medical certificate, an injury medical certificate, and a written estimate;

1. Kmotogram photographs, Kmotophone CCTV screen CDs;

1. The application of Acts and subordinate statutes to a criminal investigation report (as to a place of business of the KMoel), an investigation report (as to a copy of the place of business of the KMoel

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 366 of the Criminal Act (the point of causing damage to property), Article 314(1) of the Criminal Act (the point of interfering with business), and the choice of each fine

B. Defendant B: Article 257(1) of the Criminal Act; selection of fines

1. Defendant A 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 a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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