Text
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
around 12:00 on April 19, 2015, the Defendant ordered the victim D's restaurant operated in Pyeongtaek-si C, but rejected the order, thereby obstructing the victim's restaurant business for about 40 minutes by avoiding disturbance, such as booming the victim and putting clothes and tobacco on the floor.
Accordingly, the Defendant interfered with the victim's business by force.
"2015 Highest 893"
1. 폭력행위등처벌에관한법률위반(공동폭행) 피고인은 2015. 5. 28. 19:30경 평택시 E에 있는 ‘F’ 주점 앞 야외 테이블에서 G와 함께 술을 마시던 중 노숙자인 피해자 H(47세)이 음료수를 달라고 했다는 이유로 화가 나 피해자의 멱살을 잡아 흔들어 피해자를 바닥에 넘어뜨리고, G는 넘어진 피해자의 팔뚝 부분을 발로 걷어찼다.
Accordingly, the defendant assaulted the victim jointly with G.
2. The Defendant, at the time and place specified in Paragraph 1, 1, was a victim I (the 52 years of age), who was a witness of the Defendant’s assault scene, was plicking the Defendant’s spath and plicking the victim’s left hand.
Accordingly, the defendant assaulted the victim.
Summary of Evidence
[2015 Height755]
1. Defendant's legal statement;
1. Written statements of D and J;
1. A criminal investigation report (2015 Highest 893);
1. Defendant's legal statement;
1. Each legal statement of the witness H and I;
1. Application of the Acts and subordinate statutes on video CDs at the scene of violence;
1. Article 314 (1) of the Criminal Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;
1. Selection of each sentence of imprisonment;
1. Of concurrent offenders, the Defendant appears to reflect on the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and the victim H agrees with the victim D of obstruction of business.