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(영문) 수원지방법원 2016.05.19 2016고단809
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

(2016 order 1211) On June 27, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for the obstruction of business at the Suwon Friwon, and completed the execution of the sentence on October 15, 2013.

1. On March 18, 2016, the Defendant: (a) 01:40 on March 18, 2016, when the victim E(51) was drunk in front of the 'F' restaurant operated by the victim E(51) in Suwon-si, demanded the victim to return home to the Defendant; (b) made the victim’s bath; (c) made the victim’s spitation of spits, etc. on the restaurant floor while continuing to demand alcohol; and (d) assaulted the victim at one time on the victim’s cocon part by drinking that the victim was fluencing and raising the Defendant.

2. The Defendant: (a) spits, at the time and place specified in paragraph 1; (b) spits, takes the victim’s bath; (c) assaults the victim; thereby obstructing the victim’s restaurant business by force.

3. On March 18, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 01:58, the Defendant: (b) was under the influence of alcohol to the police officers working under the influence of alcohol while under the influence of alcohol, and (c) was under the influence of alcohol to arrest him as the current offender of the crime of assault at the police station located in the Suwon-si Police Station from among the water sources located in Suwon-si, the Chang-si, the Chang-si, the Chang-si, the Chang-si, the Chang-si, the Chang-si, the Chang-si, the Chang-si, the Chang-gu, the Chang-si, and spiting the bottom of the floor, and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the G production;

1. A photograph of the principal's behavior;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (period of repeated crime);

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 3 (1) 1 of the Punishment of Minor Offenses Act (the point of disturbance in the official document and the selection of fines) concerning the crime;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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