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(영문) 서울중앙지방법원 2015.01.12 2014고정3541
폭행등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Damage and damage of property (Defendant B) around 18:05 on December 4, 2013, Defendant B destroyed and damaged the part of the victim’s ownership by pushing ahead with an auxiliary device that could not know the market price among the F Licensed Real Estate Agent Offices run by the victim E in Gangnam-gu Seoul Metropolitan Government.

2. Around December 18:10, 2013, Defendant A assaulted the victim’s G (nive, 44 years of age) located in Gangnam-gu Seoul Metropolitan Government D shop in the F Licensed Real Estate Agent Office, who is the president, in dispute with E, the victim, who was an employee, at the F Licensed Real Estate Agent Office, committed an assault by taking the victim’s hand of the defect that he/she tried to report to the police.

3. Defluence A (A)

A. On December 3, 2014, Defendant A around 19:05, the F Licensed Real Estate Agent Office run in Gangnam-gu Seoul Metropolitan Government D (Woo, 53 years of age) opened a door and opened a door to the people of neighboring commercial buildings, while disputing the issue of brokerage commission in the F Licensed Real Estate Agent Office, Defendant A said it as “a pair of years, older persons, older persons, older persons, and older persons”.

B. Defendant A said that, in the situation where there are people in neighboring commercial buildings at the same date, time, and place as Paragraph 2, Defendant A said the victim E as “a pair of years, older persons, and children who have reached the conclusion”.

Accordingly, Defendant A insultd the victim openly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E and G;

1. The CD-recordings and the CDB-recordings;

1. Application of Acts and subordinate statutes to photographs on books attached to the complaint;

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

A. Defendant A: Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the selection of each fine

B. Defendant B: Article 366 of the Criminal Act; Selection of fine

1. Defendant A from among concurrent crimes: The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding the maximum amount of fines for two crimes to the fines determined for a heavier crime of violence)

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:

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