beta
(영문) 전주지방법원 남원지원 2016.07.21 2015고합9

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 12, 2014, around December 19:31, 2014, the Defendant assaulted the victim E (the victim 53 years old), who was an employee, (the victim 53 years old) by drinking alcohol as stated in D “D” at a entertainment drinking place located in the North Korean Net Chang-gun C, but was refused to do so. The victim reported to 112 and was dispatched by the police, but the police was dispatched, but the victim was not subject to punishment.

Accordingly, the defendant found the above entertainment drinking points around 22:30 on December 15, 2014 for the purpose of retaliation against the facts reported by the victim 112, and caused the victim to do so and then reported to the victim.

In addition, this year, I expressed my desire to report, and assault the victim who flabed with flabage of the victim by double hand, and flabed with the victim's flab.

2. 업무 방해 피고인은 2014. 12. 23. 22:50 경 전 북 순창군 F에 있는 피해자 G( 여, 51세) 운영의 ‘H ’에서 맥주가 차갑지 않다는 이유로 피해자에게 “ 미친년 아!”, “ 학교에서 뭘 배웠어 씨발 년 아! ”라고 소리치며 욕설을 하고, 맥주병을 탁자에 깨질 듯이 내리치고, 맥주잔을 들어 올렸다 내렸다는 반복하는 등 약 20분 동안 소란을 피워 위력으로 피해자의 음식점 영업 업무를 방해하였다.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. 112 Reporting case handling table;

1. A copy of the service log in the male police box;

1. A photograph of damaged part [the facts of paragraph (2) of the judgment];

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (verification of data submitted by a victim);

1. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260(1) of the Criminal Act (the point of retaliation assault) and Article 314(1) of the Criminal Act (the point of interference with business, the choice of imprisonment with labor) regarding criminal facts.