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(영문) 제주지방법원 2018.10.31 2018고단1045

특수폭행등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal records] On April 15, 2015, the Defendant was sentenced to a summary order of KRW 500,000 as a crime of attack at the Jeju District Court, and on March 24, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months by obstructing the performance of official duties at the same court, and was punished for violent crimes seven times in total.

[Criminal facts]

1. On May 8, 2018, at around 21:00, the Defendant: (a) provided a victim D (at the age of 51) in Jeju-si; (b) provided a dan ran bar operated by the victim D (at the age of 51; and (c) provided a drinking-water to the customers who found the place without any justifiable reason; (d) provided a two main disease, which is a dangerous object on the table, on his/her own hand, was collected, leading the victim to the victim by gathering one of the two main disease, which is a dangerous object on the table; and (e) took the victim’s left her hand at one time.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On May 8, 2018, from around 21:00 to 22:00 on the same day, the Defendant interfered with his/her duties franchising to the customers who had engaged in drinking in the said dysium, drinking alcohol without any justifiable reason, and committing assault as described in paragraph (1) against the victim D who prevented him/her from doing so, as described in paragraph (1).

"A driver gets a walk by walking along the way from which he or she is walking."

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A agreement;

1. A written agreement;

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 point of special assault), Article 314(1) (a) (a point of interference with business) of the Criminal Act, 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 (i.e., the reflection of the fact, and the fact that the injured person in agreement with the injured party is taking into account the wife of the accused);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;