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(영문) 춘천지방법원 영월지원 2017.12.12 2016고단137

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 5, 2017, the Defendant: (a) at the stage of “E” entertainment drinking places B, C, and C on September 21:37, 2017, the injured party, who was disputing in the order of F, Victim G (5 years of age) and singing with the Defendant, went beyond the Defendant; (b) B, the injured party’s face several times due to drinking; (c) C, the injured party’s left bridge; and (d) the Defendant, by attaching the injured party’s right bridge to the right side of the injured party, moved the injured party into the floor; and (e) the head of the injured party was kne and drinking; and the Defendant was able to take back the injured party’s side by drinking.

Accordingly, the defendant assaulted the victim jointly with B and C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers under B, G, or C;

1. On-site photographs;

1. Application of CCTV-related Acts and subordinate statutes to the internal report (CCTV verification, etc.);

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only the history of punishment for the same kind of crime, but also the fact that the defendant committed the instant crime without being aware of the fact that he was under suspension of execution due to special assault, that the defendant recognized the instant crime, that the victim expressed his intent not to be punished, that the degree of damage suffered by the victim is relatively minor due to the instant crime, and that the defendant's age, sex, sex, environment, motive, means and consequence of the instant crime, and other circumstances revealed in the records and arguments, including the circumstances after the crime, etc., shall be determined as the sentence as ordered, taking into account the following circumstances.