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(영문) 울산지방법원 2018.07.27 2018고단416

폭행등

Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

Defendant

A on July 12, 2017, the Ulsan District Court sentenced two years of suspended execution, observation of protection, and community service order of 160 hours in the ten-month imprisonment with prison labor due to injury, assault, etc. at the Ulsan District Court on July 12, 201, and the judgment becomes final and conclusive on July 20 of the same month and is currently under suspended

Defendant

B On December 8, 2016, the U.S. District Court sentenced the 6-month imprisonment to the 6-month imprisonment, and the order to attend sexual assault treatment programs for 80 hours on the 16-month imprisonment, which became final and conclusive on December 8, 2016.

On December 21, 2017, at around 23:40 on December 21, 2017, the Defendants listen to the phrase that they are transferred from the victim E (V, 43 years old) who was the main agent of the female customers to the table, while drinking alcoholic beverages at “D” main points located in Ulsan-gu, Ulsan-gu, U.S.A., the Defendants 1 and 23:40, and 23:00, the Defendants 1 and 23:0, and 23:00, the Defendants 1 and 2:00, and 3:00, the Defendants 1 and 2:00, and 3:00, the Defendants 1 and 2.

As a result, the Defendants conspired to interfere with the victim's main business by force.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Statement made by the police for E;

1. Photographs;

1. Each report on investigation;

1. The application of Acts and subordinate statutes to inquire about each criminal history, each disposition, but previous convictions and results thereof;

1. Article 314 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of a penalty against Defendant A, who is punished by imprisonment and a fine against Defendant B

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A

(a) The scope of applicable sentences under law: Imprisonment for one month to five years; and

(b) Application of the sentencing criteria.