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Reasons
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(영문) 서울남부지방법원 2015.12.15 2015고정1278
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From December 12, 2014 to 09:50 on December 15, 2014, the Defendant and B conspired with the victim E, the owner of the D restaurant located in Guro-gu Seoul Metropolitan Government, to take a bath without any justifiable reason, and interfered with the victim’s restaurant business by force for about 30 minutes, such as throwing away a stop tank and jute on the ground floor.

2. The Defendant and B conspired to take the above bath at the time, time, and place mentioned in paragraph 1 above, and damaged the property, such as duplicating 5,000 won or less at the market price managed by the victim E, and duplicating pots containing 4,000 won or more at the ground floor of the market price.

3. The Defendant and B jointly carried out a violation of the Punishment of Violences, etc. Act (joint injury) and jointly carried out an injury in the number of days of treatment, such as the date and time set forth in the above paragraph (1), and at the same place, on the ground that the Victim F F, who was a meal in other tables, and G, said that he called “breadbly boomed”, Defendant B sold the victim F’s face to drinking. The Defendant A, who showed this in combination with the Defendant A, also took time when the victim’s face was taken back to the victim’s right side, and caused an injury in the victim’s right side by taking care of the victim’s face from the victim’s face to the victim’s right side, and the victim suffered an injury in this part as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of F and E;

1. Damage photographs;

1. Application of Acts and subordinate statutes of a report on the field of violence;

1. Relevant Article 314 (1) and Article 30 of the Criminal Act, Articles 366 and 30 of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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