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(영문) 서울동부지방법원 2020.04.27 2020고단610

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2020, the Defendant: (a) committed assault to the victim on the road near Gwangjin-gu Seoul Special Metropolitan City, on the following grounds: (b) on February 13, 2020, the Defendant: (c) 18:36, on the road near the Seoul Special Metropolitan City Gwangjin-gu B, by reporting that the victim C (here and 39 years of age) walked, and, without any reason, tried to see: (d) “I will be killed; (d) I am out from the her port; (d) I am the victim’s bank by her hand; (d) I am the victim’s bank; and (e) I am

2. Around 11:40 on February 20, 2020, the Defendant: (a) committed assault and interference with business on the ground that the F Union working for the victim E (here 22 years of age) in Gwangjin-gu Seoul Special Metropolitan City had not carried out the banking services at its own desire; (b) the Defendant, while taking the victim’s own desire, took the head of the Tong and the money used by the victim in the next hand while going through the counter where the victim is carrying out his duties, and prevented the victim from carrying out the banking services over about 10 minutes by continuing to put the cell phone devices to the victim and making him fit for the victim’s interest.

As a result, the defendant committed violence against the victim, and at the same time interfered with the victim's banking affairs management by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Each statement G and C;

1. Application of Acts and subordinate statutes to a report on investigation (FF association closed-circuit confirmation);

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 44-2 of the Act on Probation, Medical Treatment Order and Custody, etc.;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Determination of type) interference with business;