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(영문) 서울서부지방법원 2018.06.19 2018고단246
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

around 17:07 on October 3, 2017, the Defendant: “E operated by Yongsan-gu Seoul Metropolitan Government Cvictim D”, while drunk, the Defendant interfered with the victim’s work by force for about 30 minutes, such as “The flusing of these weathers, flusium, flusium, flusium, flusium, flusium, flusium, flusium, and flusium, and driving away customers at the main point.”

"2018 Highest 246"

1. Around August 19, 2017, the Defendant assaulted the victim on the ground that he was rejected from the entrance of “G” located in Yongsan-gu Seoul, Yongsan-gu, Seoul on the ground that he was in front of the entrance of “G” in Yongsan-gu, Yongsan-gu, Seoul. On the ground that he was rejected from the entrance, the Defendant bucked up with a sign of guidance on steel systems (100 cm in length) that was located there, making it fit for the victim’s name, who is a woman in front of it,

2. The Defendant, on the grounds that he refused to take the position at the date, time, and place set forth in paragraph 1, brought a simple fluorous person, thereby threatening H, who is a sports club security personnel, and making it impossible for the Defendant to enter the club by continuing to talk with him, and entering the club.

Accordingly, the defendant interfered with G's business operations for about 10 minutes by force.

Summary of Evidence

"2017 Highest 3592"

1. Statement of the defendant in the second public trial protocol in the order of 2017 High Court Order 3592;

1. Statement made by the police against D;

1. A written statement of I and J;

1. Investigation report ( investigation of the other party of the shote) "2018 Highest 246 Highest 201;

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A criminal investigation report (related to the verification ofCCTV images), and a criminal investigation report (CCTV image verification);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with each business), Article 260(1) of the Criminal Act (the point of violence) 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. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) interference with each business in its holding [the scope of punishment for recommendations].

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