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(영문) 서울중앙지방법원 2016.07.20 2016고정1668
폭력행위등처벌에관한법률위반(공동퇴거불응)등
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The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crimes committed by the Defendants are victims E (43) with the Gangnam-gu Seoul Metropolitan Government 3rd floor around December 11, 2014 and operated around 09:30.

F In order to demand the submission of a letter by paying out KRW 110 million, which was lent at the time of opening the hospital of the previous victim at the time of the opening of the hospital of the previous victim, the victim, G staff members of the hospital, etc., who were requested to leave the hospital by the victim, G workers of the hospital, etc. on the same day, the police officer who received the report at around 13:22 on the same day did not move out for about 3 hours until the dispatch of the police officer.

As a result, Defendants jointly refused to comply with the demand of the victim to leave.

2. The criminal facts of Defendant A;

가. 절도 피고인은 제 1 항과 같은 일시, 장소에서 위 피해자 E이 위 병원 원장실 책상 위에 놓아 둔 시가 70만 원 상당의 갤 럭 시 S4 스마트 폰 1대를 낚아챈 다음 피해자의 반환요구를 받고도 그대로 위 스마트 폰을 가지고 나갔다.

Accordingly, the defendant stolen the victim's property.

B. The Defendant, at the same time and place as set forth in paragraph 1, refused to comply with the demand of the president E and the victim G (34 years), and talked with E, the president, and sent the victim’s chests and arms to the outside of the above president.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement protocol with respect to E and G;

1. A complaint;

1. Recording notes;

1. Application of the photographic Acts and subordinate statutes;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply), Article 326 of the Criminal Act (amended by Act No. 326) of the Criminal Act, Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply), and Article 2(2)1 of the same Act, and Article 319(2) of the Criminal Act (amended by Act No. 326, Jan. 1, 201); Defendant B selected from each fine: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act, Article 319(2) of the Criminal Act, and selection of fines

1. Defendant A who has aggravated concurrent crimes: Criminal Act.

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