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(영문) 의정부지방법원 고양지원 2015.12.04 2015고단2569
폭행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 27, 2015, the Defendant interfered with his duties: (a) around 17:37, the Defendant obstructed the Defendant’s instant restaurant business by force, i.e., the victim’s 30 minutes of noise, namely, the victim D (n, 52 years of age) within the restaurant “Fju” operated by the victim D (n, e.g., the building 202 Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu (hereinafter “Fju-dong-gu-dong-dong-gu”);

2. On April 27, 2015, at the place of Paragraph 1, the Defendant reported the Defendant to the police by suspicion of interference with business under Paragraph 1, at the location of Paragraph 1, the Defendant committed assault by harming the Defendant’s head G (age 36) who was a customer of the said business.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D;

1. A written statement of the G production;

1. Each investigation report (No. 6,22);

1. Application of the Acts and subordinate statutes of each photograph (number 8,24);

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment interferes with the victim D's business that the defendant would not sell any more alcohol under the influence of alcohol and was arrested in the act of committing an act of committing an offense, and upon release, he again searched in the above place of business to assault other customers. The issue is not easy since the nature of retaliation for reporting the act of this case has the nature of retaliation against the other customers.

Under the agreement with the victim D, the above victim was the wife of the defendant, and was punished once for the crime of this type.

Defendant. Other defendant.

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