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(영문) 춘천지방법원 2011.11.08 2011고정310
폭력행위등처벌에관한법률위반(공동재물손괴등) 등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

가. 2010. 5. 22.경 피해자 D에 대한 폭력행위등처벌에관한법률위반(공동폭행) 2010. 5. 22. 14:30경 강원 인제군 E 식당 안에서, 피고인들은 각자 피해자 D(59세, 여)에게 “이 썅년아 나와라, 쌍년아”라고 욕을 하면서 위세를 부리고 피고인 A는 피해자의 멱살을 잡아 흔들면서 “이 쌍년아, 어디를 가려고 해, 나와라”라고 하였다.

Accordingly, the Defendants jointly assaulted the victim.

B. On June 13, 2010, the Defendants: (a) committed a crime against the F Residence of the Victim F; (b) violated the Punishment of Violences, etc. Act (joint residence intrusion); (c) around 16:05 on June 13, 2010, the Defendants came to the house of the Victim F (32 years of age, n, n) located on the third floor of the same G building; (d) up to the second floor where the victim’s child had a lick, and up to the third floor door through the entrance entering the said third floor.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

(2) The Defendants in violation of the Punishment of Violences, etc. Act (joint destruction of and damage to property) committed a violation on the same date, at the same place, at the same time, and on the same grounds, each of the following reasons, such as “I am hynas, I am hynas, and hing the above hynas owned by the victim D, and put the victim D to walk the above hynas on several occasions, and thus, the charges of non-constition requires “1,80,000 won of the repair cost.” However, according to the witness F’s testimony, according to the Defendants’ property damage, the main hynas and the hynas were additionally installed without acceptance, and the installation cost is recognized only as having been 1,80,000 won.

The repair cost was damaged by making it possible to do so.

Accordingly, the defendants jointly destroyed the above gate owned by the victim.

C. On June 13, 2010, the Defendants conspired to interfere with the business of the victim’s D Operation E restaurant, and around June 13, 2010, at the above E restaurant around 17:16.

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