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(영문) 의정부지방법원 고양지원 2015.12.17 2015고정332
폭력행위등처벌에관한법률위반(공동폭행)
Text

The sentence of punishment against the Defendants shall be suspended.

Defendant

The indictment against C is dismissed as to the act of assault.

Reasons

Punishment of the crime

1. On September 17, 2014, around 14:24 through 14:26, Defendant C interfered with the victim’s beauty room business operation by force by failing to pay the price, in front of the first floor Gambol Office of the Goyang-dong, Goyang-si, Goyang-si. The Defendant C interfered with the victim’s beauty room business operation by force.

2. Defendants A, B, and B jointly used the date, time, place, as described in paragraph 1, and in the process of preventing the victim C (here, 36 years of age) from paying the cost of governance as described in paragraph 1, Defendant A, B, and B used the victim’s right part with the wheels of his mother car, and used the victim’s right part with the victim’s right part.

Summary of Evidence (Defendant C)

1. Legal statement of the witness B;

1. Summary of the evidence in the interrogation protocol of Defendant C by the public prosecutor (Defendant A and B)

1. C’s legal statement;

1. Application of the C’s protocol of interrogation of Defendant C by the prosecutor as to Defendant C

1. Article applicable to criminal facts;

A. Articles 2(2) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

B. Article 314(1) of the Criminal Act of Defendant C, and selection of fines

1. Defendants of suspended sentence: Article 59(1) of each Criminal Act (the fine of 300,000 won shall be converted to one day each to one day), Defendant A and B have no record of punishment other than the minor fine, Defendant C has no record of crime; Defendant C has no record of crime; Defendant C has no record of crime; this case’s obstruction of business and violence is minor; Defendant A and C do not want punishment to the other party by mutual consent (Defendant C)

1. Defendant C asserts that, around September 17, 2014, around 14:24 to 14:26, the 14:26 Goyang-dong Office of Goyang-si, Goyang-si, Fambol-dong, the governance procedure performed in the above beauty art room was erroneous, and that, at the same time, the above beauty art room operator B and the above beauty art room operator are in dispute.

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