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(영문) 대전지방법원 2017.08.31 2017고단2304
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Obstruction of business;

A. On May 1, 2017, at around 18:00, the Defendant demanded D cafeteria, which is a restaurant operated by the victim C in Seo-gu Daejeon, Seo-gu, Daejeon, to change alcoholic beverages, but the victim demanded that “I am home, so they do not drink.” However, the victim took a bath that “I bit bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and obstructed the victim’s restaurant business by force.

B. On May 1, 2017, around 20:35, the Defendant demanded that the instant restaurant be found to be the place indicated in the foregoing paragraph A, and that the instant restaurant be found to be the said restaurant and the instant restaurant be changed, but the Defendant “the Defendant was voluntarily withdrawn” but the instant alcoholic beverage was only dypt.

“Around about 20 minutes of disturbance, the Plaintiff interfered with the victim’s restaurant business by force, such as making a disturbance over about 20 minutes of disturbance, such as making booms, drinking booms, cutting the water booms, cutting the water booms on the floor, cutting the booms on the table.”

2. On May 1, 2017, the Defendant assaulted the victim C (age 49) at the places indicated in paragraph 1, and at around 20:42, the Defendant flickum, which is a dangerous object, to deflick the victim’s right hand hand over several times to the victim C (age 49).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Application of Acts and subordinate statutes to a report on the arrest of a case, a report on investigation, an on-site photograph, and a report on investigation;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Fully considering the following circumstances for sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various conditions of sentencing as shown in the instant pleadings.

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