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(영문) 서울중앙지방법원 2018.08.08 2017고합1243
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

[2] The prosecutor brought a prosecution on the premise that each of the crimes in this part is in a relation of substantive concurrent crimes. However, according to the evidence of the judgment, although the defendant obstructed the operation of the victim's real estate office by means of assault against the victim, it does not seem that the defendant interfere with the operation of the real estate office by any other means, such as taking a bath against others or assaulting them. Thus, the single act of assault committed by the defendant constitutes a case where the elements of the crime of assault and the crime of interference with the operation of the real estate office are satisfied. Thus, both crimes are in a relation of conceptual concurrence.

In addition, (see Supreme Court Decision 2012Do1895, Oct. 11, 2012). Even if a crime charged with concurrent crimes is recognized as an ordinary concurrent crime without changing the public prosecutor’s complaint, it shall not be disadvantageous to the defendant’s exercise of his/her right of defense. Thus, the facts charged are partially revised and recognized as stated in the indictment without changing the indictment.)

The defendant around 18:45 on September 28, 2017, at D real estate offices located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, whether the victim E (Woo, 52 years of age) reported the why he/she reported.

In this pair of years, "I" saw that the victim was "I", and the victim got off the telephone operator who was in the office and was in the police about to report the defect to the police, and then sold the victim's arms and losses on several occasions, and collected the telephone operator to the victim.

The defendant continued to find the place of his name and the unclaimed guest got out of the defendant, and gets out of the office again, and used the victim as his hand to the knife.

Accordingly, the defendant assaulted the victim and interfered with the operation of the victim's real estate office by force.

[2017 Gohap 1261] The defendant requires the defendant to purchase real estate through the victim G management D in Seoul Special Metropolitan City, Gwanak-gu.

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