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(영문) 서울중앙지방법원 2014.10.23 2014고단5067
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Power] On July 24, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of assault at the Seoul Central District Court on April 24, 201, and the said judgment became final and conclusive on August 1, 2014.

【Criminal Facts】

1. Around 01:20 on May 21, 2014, the Defendant assaulted the victim D(23 years of age) with his/her hand at the “C” restaurant located in Songpa-gu Seoul, Songpa-gu, without any justifiable reason, at his/her head and the inner part of the victim D(23 years of age).

2. From around 03:20 on May 29, 2014 to 03:40 on the same day, the Defendant obstructed the victim’s restaurant business by drinking in G cafeteria operated by the victim F (49 years of age) in Sungnam-gu, Sungnam-si, and neglecting the victim’s restaurant business by drinking it on the G cafeteria, such as “I see the night, drinking water, I see it according to the table, I see it, I see it, I see it on the floor, spit the spiting theme on the floor, raising the trial fee to the customers who are on the table that is on the spacking table, and raising the sprink, thereby obstructing the victim’s restaurant business by force.

3. The Defendant, under the influence of alcohol at the time, at a place specified in the above paragraph (2) of the same Article, committed an assault against the part of the victim’s left hand, etc. by gathering a brush that the victim H (or the 38 years old), she she she was on the table table that he she was seated, and she she would be able to walk up a trial fee on the table table that he she was on the victim’s day table and the name he she was seated on the next table from the customer with no knowledge of the name he she was seated.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The prosecutor's statement concerning the F;

1. Statement made to D by the police;

1. Each statement of F and H;

1. Previous records: Inquiry of criminal records, etc. into criminal records, inquiry of case summary, inquiry of case agreement assistance, application of statutes of the judgment;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act as to the crime, Article 2(1)1 of the Criminal Act and Article 260 of the Criminal Act.

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