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(영문) 창원지방법원 통영지원 2018.07.11 2018고단574
특수폭행등
Text

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on November 2, 2016 at the Changwon District Court’s branch of the Changwon District Court sentenced to a suspended sentence of two years in the period of imprisonment with prison labor for business obstruction. On November 10, 2016, the period of the suspended sentence becomes final and conclusive.

[Criminal facts]

1. A special assault: (a) on March 29, 2018, at the main point of “D” operated by the victim C (the 51-year-old age), the Defendant got the victim from selling alcohol at around 23:40 on March 29, 2018; (b) a beer’s disease, which is a dangerous object at which he or she was doing so.

After all, the Defendant carried dangerous objects and assaulted the victim.

2. The Defendant, as described in paragraph 1 at the date, time, and place described in paragraph 1, when the victim was a beer disease as described in paragraph 1, followed the Defendant, “Sick-sick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-k

After all, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. Violence site and photograph of a victim;

1. Previous convictions: References to criminal history, replys to criminal history, and application of Acts and subordinate statutes on investigation reports (verification of criminal facts during the suspended period);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Assaults) [Scope of recommending Punishment] Crimes (Assaults) and Class 6 (Habitual Habitual, Cumulative Offense, Special Assaults) (No person subject to special mitigation) Punishment is imposed for mitigated areas ( April to one year and two months);

B. Class 2 Crimes (Interference with Business) (Interference with Business) (Scope of Recommendation) is the mitigated area (Interference with Business).

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