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(영문) 광주지방법원 2016.02.03 2015고단3595

폭행등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On March 26, 2015, the Defendant was sentenced to eight months of imprisonment with labor for general buildings and fire prevention at the Gwangju District Court on March 26, 2015 and completed the execution of the said sentence at the Jinju Prison on August 21, 2015.

1. On September 6, 2015, the Defendant: (a) purchased at “D convenience store” located in Gwangju-gu, Gwangju-gu, about 11:20, and (b) heard the victim’s horses, i.e., 1,300 won from the victim E (here, 18 years of age) who is an employee of the Defendant, who heard the horses that the gale price is KRW 1,300.

The victim abusedd by “herbing the victim,” and assaulted the victim at the time of the victim’s creaming.

2. On October 3, 2015, the Defendant: (a) around 09:45 on October 3, 2015, the Defendant: (b) committed an act as if he would pay the alcohol value at a cafeteria with the trade name “H” operated by the Victim G (F) located in Gwangju-gu, Gwangju-gu; and (c) ordered the victim to provide alcohol.

However, the Defendant did not have any intention or ability to pay the drinking value due to the absence of any means of payment such as money or credit cards.

The defendant deceivings the victim as above and acquired 20 million won by being provided with 6,00 won of the market price from the damaged person.

3. The Defendant interfered with the business of the Defendant: (a) demanded the Victim G to calculate the drinking value at the time, time, and place described in the foregoing paragraph 2; (b) and caused the Victim G to demand the calculation of the drinking value; and (c) the Defendant interfered with the Defendant’s restaurant business by force by avoiding disturbance for about 15 minutes, such as “I am unable to calculate the drinking value because it is too high for the young people; (d) no money would be paid; and (e) it would not calculate the drinking value; and (e) I am sound to the victim; and (e) going back to the said restaurant; and (e) the Defendant interfered with the Defendant’s restaurant business by force by avoiding disturbance for about 15 minutes by blocking the entrance of the restaurant and dancing, thereby preventing two customers from entering.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and G production;

1. Previous conviction: Application of each of the Acts and subordinate statutes contained in a reply to inquiry, personal identification and acceptance status;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a)the point of the judgment: