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(영문) 서울서부지방법원 2019.05.16 2018고단2744

폭력행위등처벌에관한법률위반(우범자)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[criminal power] On July 19, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. at the Seoul Western District Court, and completed the execution of the sentence on December 15, 2017.

[1] On July 21, 2018, the Defendant violated the Punishment of Violences, etc. Act - around 2018, at around 02:18, the Defendant 405, while drinking alcohol in the street in Yongsan-gu, Yongsan-gu, Seoul at around 02:18, had a knife with a knife, which is a dangerous object in Yongsan-gu, called "C" restaurant, located in Yongsan-gu, Seoul, and carried out a knife ( approximately 40 cm in total length, approximately 25 cm in length) and carried out a knife and name miss.

As a result, the defendant carried dangerous objects that could be used for crimes under Article 3 (4) of the Punishment of Violences, etc. Act without justifiable grounds.

[2018 Highest 3726- Violence] On August 15, 2018, the Defendant used assaulting the victim E (the age of 47) who was drinking in the front of the "D Building in Yongsan-gu Seoul, Yongsan-gu, Seoul, to take a bath for the victim, and to turn the victim's face into drinking.

[2018고단3813 - 업무방해] 피고인은 2018. 9. 13. 12:00 ~ 12:20경 서울 용산구 F에 있는 G매장에서 그곳 종업원 피해자 H에게 “어디 사냐. 퇴근 언제 하냐. 다 부숴도 되냐”라고 말하며 매장에 들어오는 손님들에게도 “다른 가게로 가라”라고 행패를 부리는 등 소란을 피워 손님들을 그곳에서 떠나게 함으로써 위력으로 피해자의 음식점 영업 업무를 방해하였다.

Summary of Evidence

[2018 Highest 2744]

1. Defendant's legal statement;

1. A written statement of I;

1. The photograph of the criminal tool “food” [2018 Highest 3726]

1. Defendant's legal statement;

1. The police statement of E [2018 high-ranking 3813];

1. Defendant's legal statement;

1. A H statement;

1. A report on internal investigation (verification of CCTV images at the scene of occurrence);

1. A majority of the suspects of the investigation reports; and