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(영문) 인천지방법원 2017.04.27 2017고단1925

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 5, 2017, the Defendant: (a) around 14:40 on January 5, 2017, the victim D in Gyeyang-gu Incheon Gyeyang-gu operated by the victim D, having difficulty with the Defendant’s business, was unable to avoid disturbance over about 10 minutes, including where the victim D took a large amount of horses, and the victim D was able to listen to the horses, and he was able to get back the horses, and where he was able to do so.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. Special assaulting the Defendant was in line with the victim E (the age of 46) who was a customer in a place where the Defendant had a person with a steel product, which was a dangerous thing in that place, by avoiding disturbance at the above time and place, and was in line with the head of the victim E (the age of 46).

In this respect, the defendant assaulted the victim as a person of a dangerous article.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 314 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Where special assault [Scope of recommended punishment] Class 6 (Habitual, Cumulative Offense, Special Assaults) (4 months to 1 year and 2 months), mitigation area (including special mitigation persons), punishment non-wons (including serious efforts to recover damage), or considerable damage has been restored;

2. Obstruction of business affairs [Scope of recommended punishment] and obstruction of business affairs: Type 1 (Obstruction of Business Affairs) (1 to 8 months) (including specially mitigated persons] mitigation area (including efforts to recover damage);

3. The scope of final sentence due to the aggravation of multiple offenses: April to June; and

4. In addition to the above sentencing factors, there are several criminal records of the same kind in addition to the sentencing factors, but all of the criminal records prior to 201, reflects the fact that the criminal is committed, and other circumstances, degree of damage, etc.