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(영문) 서울남부지방법원 2019.05.15 2019고단371

상해등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the prosecution against the victim B is instituted.

Reasons

Punishment of the crime

[Criminal Power] On June 30, 2014, the Defendant was sentenced to two years in Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and completed the execution of the said sentence on April 26, 2016.

【Criminal Facts】

1. On November 19, 2018, at the entrance of the “E” restaurant operated by the victim D in Guro-gu Seoul Metropolitan Government on November 19, 2018, the Defendant obstructed the victim’s restaurant business by neglecting the Defendant’s personal influencing the employees in the name of the victim, who want to walk to the restaurant while drinking the time to the customers by drinking alcohol, and neglecting this, entering the restaurant, and repeatedly repeating the desire of the customers, stating that “the sprinks to be sprinked, sprinked, sprinked, sprinked, and sprinked, sprinked, sponsed, sponsed, sponsed, sponsed, sponsed, sponsed, and prevented other customers from entering the restaurant, as specified in paragraph (2) below, from November 20, 2018 to October 20, 2018.

2. On November 20, 2018, at the above restaurant around 00:01 on November 20, 201, the Defendant expressed that, such as paragraph 1, the Defendant, by avoiding the disturbance, the victim F (the age of 32) who is the customer, the victim G (the age of 33) drive away from the restaurant, and the victims may die at one time, with the view that “in Korea, the Marine Corps is the Marine Corps, several weathers of the Marine Corps, and one set of times, all together.” The Defendant expressed that “the victim’s face may be taken by hand, and the victim F may be taken by drinking.”

As a result, the Defendant added approximately two weeks to the victim F, and assaulted the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Damage photographs;

1. A written diagnosis of injury;

1. A CCTV closure;

1. Previous records of judgment: Results of the inspection of prisoners, criminal records, and application of three copies of judgment to three copies of judgment;

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