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(영문) 의정부지방법원 2015.01.27 2014고단3472
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A shall be punished by imprisonment for six months.

Defendant

Of the facts charged against A, violence against victim D is the point and the same.

Reasons

Punishment of the crime

【Defendant A is a person who was sentenced to eight months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Jung-gu District Court on June 12, 2012 and completed the execution of the said sentence on February 8, 2013.

【Criminal Facts】

1. At around 03:03 on September 25, 2014, Defendant A: (a) threatened the victim F (the 45-year-old age)’s “G” store operated by the Government-si Ma; (b) demanded that the victim drink in front of the private convenience store in the name-free female 2, who was on the table table, drink in front of the private convenience store; (c) thereby, the victim’s uneasying that the female would be uneasible; and (d) threatened the victim’s return to the female, “I am female, I am off, I am off, I am back, I am back, I am back the plastic container containing the food at the front of the convenience store; and (d) threatened the victim with the victim’s entry into the convenience store as above; and (e) assault the victim’s face one time to the victim’s left side.

2. Defendant A interfered with business, at the same time and place as set forth in paragraph (1) of this Article, obstructed the victim’s convenience store business by force for about 20 to 30 minutes from the time when threatening the victim, including plastic containers containing the food in front of the convenience store, and breaking waste, and continuing to enter the victim under the victim’s convenience store, making the victim’s humiliation and intimidation, and avoiding the disturbance, etc.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to a investigation report (fence CCTV images).

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders.

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