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(영문) 부산지방법원 2013.11.27 2013고정4722
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (joint destruction, damage, etc.) and interference with business on May 23, 2013, the Defendant: (a) destroyed eight 120,000 won of the market price of the victim, which is owned by the Defendant, in combination with the Defendant, who was on the front side of the victim E, who was a customer F, G, and Si guard, and was assaulted by the victim C at the seat of the victim C in Busan Dong-dong-gu, Busan, and around 22:25 on May 23, 2013, at the seat of the victim C operation; and (b) caused customers, who were at the seat of the victim, to escape a disturbance for about 10 minutes, and went out of the play place, by means of cutting the table, throwing away the 10 minutes of the market price of the victim.

Accordingly, the defendant jointly damaged the victim's property and interfered with the victim's bar business by force in collusion with E.

2. Around 22:40 on May 23, 2013, the Defendant: (a) arrested the victim I (38 years of age) of the police station H District of the Eastern Police Station affiliated with the Defendant, who was called “A flagrant offender due to the suspicion of the obstruction of performance of official duties; and (b) in the presence of E, J, C, etc., the victim said that “Cexia, Mano, Hano, Mano, and Maho, Mano,” thereby openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of each Act and subordinate statute on police statements made to F, G, C, and I;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 314 (1) and 30 of the Criminal Act; Article 311 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) and the crime of interference with business);

1. Selection of each alternative fine for punishment;

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

1. The Criminal Act for the detention of a workhouse;

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