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(영문) 서울서부지방법원 2020.07.21 2020고단1379
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the victim B (the age of 67) and the neighbor.

On April 19, 2020, the Defendant, around 07:10 on April 19, 2020, abused the victim's left face one time due to drinking alcohol, when the victim raises before his residence in Mapo-gu Seoul Metropolitan City.

around 23:30 on April 26, 2020, the Defendant 2020-Ma1464 interfered with the victim’s business operation by force by putting about 10 minutes of disturbance on the floor of “F” restaurant operated by the victim E in Mapo-gu Seoul Metropolitan Government without any justifiable reason, and neglecting the victim’s demand for delivery, making the victim sit on the floor and take a large voice, and thereby obstructing the victim’s business operation by force.

Summary of Evidence

"200 Highest 1379"

1. Defendant's legal statement;

1. B-Written Statements 2020 highest 1464;

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Class 2 crime (Interference with Business) (Interference with Business) (Interference with Business / [Type 1] Interference with Business / [Special Convict] Reduction element: Reduction element (including efforts to recover damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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