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(영문) 서울남부지방법원 2020.08.21 2020고단2759

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) states that, around 17:20 on April 14, 2020, the Defendant was able to take in the front of Csi-ro 40-ro 47, Guro-gu, Seoul, for the following reasons: (a) the Defendant was able to take on the front of the C si-ro operated by the victim B (Nam, 67 years of age) and move to the Guro-gu, Seoul, Guro-gu, Seoul, which is a destination; and (b) the Defendant considered the victim as being drunk and cannot be known because he was under the influence of alcohol in the vicinity of the border. The Defendant she was able to take off the victim’s right-hand public play and coke at approximately two times.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On May 19, 2020, from around 12:07 to 12:30 of the same day, the Defendant interfered with the business, at the “F” restaurant operated by the victim E in Guro-gu Seoul Metropolitan Government, and on the grounds that the ordered food was late, etc., the Defendant expressed a large voice to the customers of the above restaurant due to a large voice, and caused the victim to feel home, and caused the occurrence of a heavy noise, thereby preventing the customers of the above restaurant from properly eating.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each written statement of E and G preparation;

1. On-site CCTV photographs, etc.;

1. Application of Acts and subordinate statutes to the investigation report (F CCTV verification);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes and reflects all of the defendant's mistakes, and the fact that the victims do not want the defendant's punishment by mutual consent with the victims has the record of being punished several times for the same crime in favor of the defendant.