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(영문) 의정부지방법원 2018.12.06 2018고단3225

특수폭행등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 5, 2018, the Defendant assaulted the victim D (24 Ba) who was seated on the lower table of 10:22 on July 5, 2018, 2018, because the Defendant 1 was seated on the table table set up in B, 0:2, and 3:3.24 on July 5, 201.

The Defendant, on August 29, 2018, 2018, 3885, hereinafter referred to as “F” door, in front of the victim E (31 aged) working for the victim E (31) in the Dong Government-si B, on August 29, 2018, hereinafter referred to as “F,” the Defendant will see the Defendant’s door, “F,” “F,” the Defendant will see the Defendant’s door, after the Defendant’s door, at the inside

The victim's convenience store business was obstructed for about 60 minutes by force, such as interfering with the victim's food display service while putting a sound to many customers visiting the convenience store and taking a bath to 's cryp'. The victim's convenience store business was obstructed by force.

Summary of Evidence

"2018 Highest 3225"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site and shoulder photographs " 2018 Highest 3885";

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a special assault, choice of imprisonment), and Article 314(1) (a) of the Criminal Act (a interference with business and choice of imprisonment with prison labor) of the same Act concerning criminal facts;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for six months to two years.

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

B. The crime No. 2 (Assaults) (Scope of recommended punishment) is committed in the range of crimes No. 6 (Habitual Offense, Cumulative Offense, Special Assaults) (4 months to 1 year and 2 months) in the mitigation area (special mitigation factors), the punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered.