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(영문) 대전지방법원 천안지원 2017.06.08 2017고단674
폭행등
Text

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

Reasons

Punishment of the crime

【Criminal Records】 The Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Seoul Central District Court on March 17, 2016, and for the same year

7.2. The Seoul detention center completed its sentence.

[Criminal Facts]

1. On December 26, 2016, the Defendant refused to receive a request from the injured party D (n, 51 years old) from the injured party D(n, 51 years old) in the south-gu, South-gu, East-gu, Seoul at around 12:10 on December 26, 2016, and assaulted the injured party in consideration of the injured party's head knife and face.

2. The Defendant, at the time, at the time, at the place specified in paragraph 1, assaulted the said victim D, requesting payment of meal costs, as described in paragraph 1, and prevented the Defendant from entering the said E restaurant by putting the victim’s bath and sound at about one hour, and getting the customers who were in the restaurant to enter the restaurant, and allowing them to leave the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of the prosecution of D;

1. Police statements of the F;

1. Making a report on internal investigation (Interference with violence and performance of official duties);

1. On-site and damaged photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (examination of criminal history A of suspect A), investigation report ( listening to statements by shots G) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

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

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. Sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

B. Class 2 Crimes (Assaults) (Extent of punishment) and Category 1 (General Assaults) (4 months-1 year) (Special Aggravations) and the same type of repeated crime (Habitual and repeated crimes among Class 6) are the subject of aggravated crimes.

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