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A defendant shall be punished by imprisonment for four 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. 폭행 피고인은 2013. 7. 7. 20:30경 광주 북구 B에 있는 'C' 식당에서, 술을 달라고 하였으나 종업원인 피해자 D(여, 47세)로부터 ‘술에 많이 취하였으니 더 이상 술을 내줄 수 없다’는 말을 들었다는 이유로 소지하고 있던 우산으로 피해자의 팔 부위를 15회 가량 쿡쿡 찔러 피해자를 폭행하였다.
2. The Defendant interfered with the business of the victim by force, by assaulting the victim D at the time, place, as described in the above Paragraph (1) above, following the assaulting of the victim D at a large amount of time against the customers, booming the disturbance, allowing the customers to go out, and allowing them to enter the restaurant, thereby hindering the victim’s restaurant business by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Written statements of D;
1. Photographs of damaged parts;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Articles 260 (1) and 314 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition on the grounds that the sentencing period under Article 62-2 of the Criminal Act includes the defendant's records of the same punishment, the degree of damage in this case is relatively minor, and the degree of damage is against the order.