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(영문) 광주지방법원 2020.02.06 2019고단4126
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On August 25, 2019, at around 00:20, the Defendant obstructed the victim D’s main shop business by force by avoiding disturbance between about 20 minutes, such as cutting the micros of other customers who singing their singing at the main shop located in Gwangju Northern-gu B, Gwangju, and having other customers sing their singing, singing with a stage drum, and leaving other customers singing their sights.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. Each statement E and D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. The defendant has a record of having been punished several times as a crime of violence in the reason of sentencing selective sentence of punishment. On April 24, 2019, the defendant was sentenced to one year of suspended sentence for the crime of interference with business at the Gwangju District Court in April 24, 2019 and the above judgment became final and conclusive on May 2, 2019, and committed the crime even during the suspended sentence period, and there is no criminal record exceeding the fine except for unfavorable circumstances, such as the fact that the circumstances after the crime are not adequate and the criminal record beyond the above suspended sentence. In addition, the defendant’s age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc. as indicated in the argument of the instant case, shall be determined by comprehensively taking into account the conditions of sentencing under

Public Prosecution Rejection Parts

1. Summary of the facts charged

A. At around 00:20 on August 25, 2019, the Defendant assaulted the victim E (years 51) by taking a string the stage in which other customers sing their singing, while drinking alcohol at the main point of “C” located in Gwangju Northern-gu B, Gwangju, and committing assault, such as cutting down the strings of spaths of the horses victim.

B. On September 17, 2019, at around 02:10 on September 17, 2019, the Defendant reads “C” to the victim E at the main point of “C” located in Gwangju Northern-gu, Gwangju, stating that “Neas was accused of Neas, and salbing off the ship,” and reads the part of the victim’s timber with hand, etc. one time by hand, and salbage with bom.

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