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(영문) 서울동부지방법원 2017.05.16 2016고정2022
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the chief of the headquarters of the (State)C, D is the representative of the above company, and E and F are the employees of the above company.

around 18:50 on April 25, 2016, the Defendant and D, jointly with E and F, attempted to destroy the PM service contract for H reconstruction project at the H6 multi-purpose meeting meeting held in Gangdong-gu Seoul Metropolitan Government H6 multi-purpose meeting, thereby refusing to comply with the victim’s request to leave the above meeting room on several occasions by the victim I, etc. who is the head of the general affairs team of the above board of directors, but on the same day, he/she was required to leave the above meeting room on several occasions by the victim I, etc., who was the victim’s report at around 19:40 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the examination of some police suspects against F, E, or D;

1. Application of Acts and subordinate statutes to report internal investigation (verification of contents);

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 319 (2) and (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the defendant and his defense counsel under Article 186 of the Criminal Procedure Act asserts that the defendant's act constitutes a justifiable act since the defendant tried to participate in H reconstruction project executive officers' meetings as employees of C of a corporation which concluded a contract with H reconstruction committee for the service of project management.

In light of the records of this case, H Reconstruction Committee and C entered into a service contract on December 15, 2015 (the 21-24 pages of investigation records). However, H Reconstruction Committee sent documents to C on April 11, 2016 that the said service contract is terminated (the 34th page of investigation records), and H Reconstruction Committee decided to hold an executive and representative committee on April 25, 2016. The participants are limited to the members of H Reconstruction Committee (the 49 pages of investigation records).

The above facts of recognition.

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