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(영문) 서울남부지방법원 2017.08.23 2017고단1938

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 18, 2017, from around 08:40 to around 09:00, the Defendant: (a) at the upper parking lot for the management of the victim C (V) located in Guro-gu Seoul, Guro-gu, Seoul; (b) on the ground that the victim, who was cleaning at the place, caused the victim to go off, use, and self-esteem, “she was off, off, and in the course of using the toilet,” and caused him/her to go up with his/her reputation, he/she saw the victim who was cleaning at that place; and (c) was booming the victim with his/her hand and interfered with the victim’s parking lot management work.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Article 314 (1) of the Criminal Act (the point of interference with business) 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 Competition;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that the crime of sentencing under Article 62-2 of the Criminal Act is against the protection and observation, the order to attend lectures is being committed, the fact that there is no record of criminal punishment other than the fine for the same crime, and the fact that there is a need for treatment within society, including the head of a gold deed, rather