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(영문) 의정부지방법원 2016.08.03 2016고단1082
폭행등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant, as the 103 Dong-dong representative of C Apartment-si, Namyang-si, on November 30, 2015, assaulted the Victim D (51) who was suspected of being subject to one million won from the above apartment management office at the above apartment management office (51 years old), on the ground that he was under suspicion of dismissal of the Defendant from the said construction business operator, at the above apartment management office, on November 30, 2015.

2. On January 11, 2016, the Defendant interfered with the assault and duties of the Defendant: (a) collected the Defendant’s “resident report” that was put in the mail box of each apartment building of this apartment building in the victim D (51 tax) at the apartment management office, such as the preceding paragraph, around 13:30 on January 11, 2016; and (b) prevented the Defendant from assaulting the victim by avoiding disturbance for about 15 minutes, such as taking the victim’s shoulder at one time and taking the victim’s hand over several knife; and (c) interfered with the work of managing the said apartment of the damaged person by force.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to CCTV in the face of violence, USB, and CCTV at each violence site;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment for the 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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of the final sentence due to the aggravation of multiple offenses for which there are no basic areas (from June to June) (no person subject to special sentencing) (the scope of the recommended punishment) (the scope of violence) in the basic areas (from February to October) of the first type of assault (the scope of the recommended punishment), and the basic areas (from February to October) of the first type of assault (the person subject to special sentencing) (the person subject to special sentencing): The defendant who was sentenced on June to the sentence from February to February 10 may have a criminal record related to violence, and the victim did not agree with the victim.

However, when the defendant comes to this court, all of the crimes of this case are recognized.

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