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(영문) 대구지방법원 김천지원 2017.08.22 2017고단436
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault: (a) on March 25, 2017, the Defendant: (b) while drinking in a “D” restaurant operated by the injured party C (V, 43 years old); (c) while drunk, the Defendant, without any particular reason, thrown away her cryp and her cryp.

“I wish to engage in funeral services only from the date of internal origin”, “I will spath the snow.” and “I want to do so.”

"Abscination" and "abscination."

“In the course of avoiding disturbance, the salted fish, which is a dangerous thing to Victim C, was collected about 25 cm in total.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant interfered with the business of the victim C by force over about 30 minutes, on the date and time, at the place, as described in paragraph 1, took a bath, avoiding disturbance, etc., and obstructed the victim C’s operation of the said restaurant by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on internal investigation (as to on-site situations, statements of victims, etc.)

1. Application of statutes, such as site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the occupation of assault to carry dangerous articles), Article 314 (1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria;

(a) Type 6 (Habitual, Cumulative Crime, Special Assaults) (4 months to 1 year and 2 months) of mitigation area (a person subject to special mitigation) is not subject to punishment;

(b) No. 1 category (Interference with Business) in the mitigation area (one month to eight months) (special mitigation factors) in the scope of interference with business affairs [the scope of recommended punishment] and no penalty shall be imposed;

(c) April to one year and six months from the application of the standards for handling multiple crimes (in addition to 1/2 of the upper limit of the sentence of a crime of special assault committed by a basic criminal, the upper limit of the sentence scope of the crime of interference with duties).

2. The decision-making defendant is while drinking alcohol in a restaurant.

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