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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.10.30 2015고단343
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

"2015 Highest 343"

1. On January 16, 2015, from around 19:00 to 20:20, the Defendant obstructed the victim’s restaurant business by force for about 1 hour and 20 minutes, by taking out the novels located in the air conditioners at the “cafeteria” operated by the victim D (n, 45 years of age) of Dongjak-gu Seoul Metropolitan Government. The Defendant obstructed the victim’s restaurant business by avoiding disturbance, such as paying the city expenses, etc. to the customers who provide meals on the other table, and allowing them to leave the place, thereby obstructing the customer’s restaurant business by force.

2. At around 20:20 on January 16, 2015, the Defendant interfered with the work of the victim D at the location described in the above Paragraph (1) and used the same circumstance as that of the above Paragraph (1), and assaulted the victim by interfering with the work of the victim D on the ground that the victim said, “I am back only because I am son son son son son son son son son son son son son son son son son son son son son son son son son son son.” The Defendant soned the part of the victim’s hand with the left hand, which is a dangerous object on the table knif son son son son son, and assaulted the victim as I knish.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 261 and 260 (1) of the Criminal Act (a point of violence against carrying dangerous articles), Article 314 (1) of the Criminal Act (a point of interference with business) of the Criminal Act and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act in the suspension of execution include all the conditions of sentencing, including the confession that the defendant commits a special assault, the fact that the victim does not want the punishment of the defendant, the fact that the victim does not have any criminal record exceeding the fine, the defendant's age, character and conduct, family environment, motive and method of the crime, and circumstances after the crime, as shown in the disposition.

. The acquittal portion.

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