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(영문) 인천지방법원 2016.05.19 2016고정251
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively, for Defendant B.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On August 16, 2015, from around 16:00 to 18:00, the Defendants committed the joint crime of the Defendants on the first floor of the E-building housing association shopping district located in Incheon Gyeyang-gu, Incheon, in order to obstruct the progress of the intent of victim F (59) who is the president of the said association, Defendant A, by hand, her hand, kidd the victim’s bat, her batd the victim’s bat, her batd the victim’s bat, her batd the victim’s bat, and her batd the victim’s bat, and her batd the victim’s bat.

As a result, the Defendants jointly assaulted the victim, and at the same time interfered with the business of the victim's association's progress by force.

2. In order to interfere with the voting of the agenda item of the delegation agreement of the pertinent union at the time and place mentioned in paragraph (1), Defendant A destroyed the tear by hand, one copy of the voting paper owned by the victim G (57 years of age) in order to interfere with the voting.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police with respect to F;

1. Photographs of an extraordinary general meeting;

1. Application of Acts and subordinate statutes to a report on investigation into witnesses;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (the point of joint assault) (the point of joint assault); Articles 314(1) and 30 of the Criminal Act (the point of interference with business); Article 366 of the Criminal Act (the point of destruction of documents)

B. Defendant B: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (joint assault) and Articles 314(1) and 30 (Interference with Duties) of the Criminal Act

1. Tradeal concurrent defendants: Articles 40 and 50 of the Criminal Act (limited to cases between a violation of the Punishment of Violences, etc. Act (joint violence) and a violation of duties);

1. Defendants who choose to impose punishment: Each selective fine

1. The defendant A who has aggravated concurrent crimes:

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