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(영문) 수원지방법원 안양지원 2017.03.10 2015고단1813

특수폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On August 12, 2014, the Defendant was sentenced to six months of imprisonment and a fine of five million won by assault, etc. in this court, and completed the execution of the above imprisonment on January 6, 2015.

[2015 Highest 1813]

1. Each special assault Defendant 22:18, Oct. 4, 2015, 201, while drinking alcohol at the “E” restaurant operated in Sanyang-si C, Annyang-si, Annyang-si, Annyang-si, the Defendant intending to drink alcohol together with the employees of the said restaurant.

However, upon refusal, the author sent plastic chairs to the victim F(57 tax) and the victim G(61 tax) who is the above restaurant customer, and the above proposer was in line with the victim F's face part and the left part of the victim G.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

2. The Defendant interfered with the business of the victim D’s restaurant business by force by avoiding disturbance, such as talking to customers as stated in the above paragraph (1), at the time, and at the place specified in the above paragraph (1).

[2016 order 143]

3. On December 25, 2015, the Defendant assaulted the victim, with a defect that the victim J (n, 43 years of age) was between his/her house and his/her head knife, etc., on the front of the “I cafeteria” road located in Ansan-si, Mayang-si, Mayang-si, Mayang-si.

Summary of Evidence

[2015 Highest 1813]

1. Partial statement of the defendant;

1. Each statement of G, F, and D;

1. A report on investigation;

1. On-site photographs, etc. (No. 2 No. 2 of the evidence list) (2016 order 143);

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Investigation report (verification of details of answers, such as punishment intent, etc. of a suspect who has confirmed by telephone conversations with a victim);

1. Photographs of the victim's head of the household (the criminal records as stated in the judgment);

1. Inquiry about criminal history, application of Acts and subordinate statutes on personal identification and acceptance status;

1. Articles 261, 260(1) (a) of the Criminal Act, Article 314(1) (a) of the Criminal Act, and Article 260(1) (a) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for each choice of punishment;