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(영문) 부산지방법원 2018.08.23 2016고단5032
폭행등
Text

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

Reasons

Punishment of the crime

[criminal records] On July 23, 2014, the Defendant was sentenced to one year and four months of imprisonment with prison labor and two months of imprisonment with prison labor at the Busan District Court, and completed the execution of the sentence on April 11, 2015.

[Criminal facts]

1. On August 19, 2016, the Defendant obstructed the victim’s main business by force over about 15 minutes by allowing customers who had suffered disturbance to go 15 minutes, such as having them go against, without any reason, the victim D (V, 41 years of age) located in Busan Sho-gu, Busan, the main points of the E operated by the Defendant, the president of the board, sound, booms customers, hing them to take a view of their desire, and threatening them to feel, and threatening them to do so.

2. The Defendant, at around 22:15 on the same day, assaulted the victim by making two tights of the victim’s chest part of the victim’s chest, who demanded the victim to move out of the Defendant, in his/her own hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against D;

1. A CCTV image closures;

1. Previous convictions: Inquiry into criminal history, current status of personal confinement, and application of each statute of the judgment;

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. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes: The scope of the final sentence according to the aggravation of multiple concurrent crimes (excluding the types of habitual and repeated crimes among six types), Article 38(1)2, Article 50 of the Criminal Act, and Article 1 of the Reasons for the Sentencing [the scope of recommending the punishment] of the aggravated area (1 to 3 years and 6 months) (1 to 4 months) [the scope of recommended punishment] of the crimes of double repeated crimes (2) [the scope of recommended punishment] of the aggravated area (4 months to 1 year), of the aggravated area (4 months to 1 year), of the crimes of violence (excluding the types of repeated and repeated crimes among six types) [the scope of punishment] of the aggravated area of the crimes of the same type of repeated crime (excluding the types of repeated and repeated crimes of six types): one year to 4 years [the decision of sentencing] of the Defendant re-offenders several times during the period of repeated crimes and has been punished by a fine and three times more times, etc.

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