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(영문) 광주지방법원순천지원 2020.12.10 2020고단1242

특수폭행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 50 days shall apply.

Reasons

Punishment of the crime

1. Around 12:40 on January 7, 2020, the Defendant: (a) under the influence of alcohol in the “C” restaurant located in B, “C,” and (b) had a dispute with the victim D (ma, 62 years of age) who is a breab customer; (c) the victim was able to see the victim’s breath in his/her hand; (d) the victim’s breath in his/her breath; and (e) the victim’s breath in his/her breath in his/her hand; and (e) the victim’s breath in his/her breath, which is a dangerous thing that had been in his/her breath; and (e) assaulted the victim by taking the victim’s left side of the victim’s hand.

2. From 12:40 on the same day to 12:50 on the same day as described in the above Paragraph (1), the Defendant: (a) expressed the victim’s general restaurant business in the instant “C” restaurant operated by the victim E; (b) made the customer feel a disturbance by having the customer go away; and (c) obstructed the victim’s general restaurant business by force for about 10 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written statement E to the police protocol F of the suspect interrogation protocol of D to the police protocol, field photographs, and CCTV video-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) and 314 (1) (a point of interference with business) of the Criminal Act and the selection of fines for negligence concerning the crime;

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

1. Articles 70(1) and 69(2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a record of criminal punishment several times due to the same or similar criminal conduct, and in particular, the crime of this case is committed during the suspension period of the execution of imprisonment due to the same or similar criminal conduct.

On the other hand, however, the crime of this case seems to have been committed by the victim in the process of cross-compact with the victim, and the defendant agreed with the victims in the course of investigation.

Defendant. Other defendant.