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(영문) 의정부지방법원 고양지원 2016.01.06 2015고단2014

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 7, 2015, the Defendant assaulted the victims by citing the tables that are blicked to the victim D (n, 38 years of age) and the victim E (n, 27 years of age) in a restaurant located on the B1st floor in Yongsan-gu, U.S., U.S., Dong-gu, B in order to take a bath in a fluent manner, and booming to the victim E (n, 27 years of age).

2. The Defendant damaged property by gathering 10,00 won in total, 10,000 won in the market value of the victim F, which was placed on the table at the time and place specified in paragraph 1. At the time and place specified in paragraph 1.

3. The Defendant interfered with the duties of the Defendant, at the time, at the places specified in the above paragraph 1, by having the restaurant manager who restrains the Defendant’s conduct, such as the above paragraph 1, take a bath and take the pits, disease, pots, etc. for about 10 minutes, and let the customers who were eating in the restaurant take out of the restaurant, thereby interfering with the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, and G;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the following: (a) the Defendant appears to have led to a confession and reflection of all crimes; (b) the Defendant’s side of the victimized restaurant and agreed smoothly; (c) the record of being sentenced to a fine for the same kind of crime; (d) the father and degree of assault; and (e) the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime; (e) details of the crime; (e) relationship with the victims; and (e) all other sentencing