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(영문) 서울남부지방법원 2017.02.02 2016고단5362
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 31, 2016, from around 23:30 to 23:50, the Defendant: (a) cafeteriaed “D” restaurant operated by the Victim C (57 Doh, n) located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul (hereinafter “D”); (b) breadd the victim while under the influence of alcohol; and (c) requested customers who provided meals at the place to be able to do so; (d) bread the breath of the customer; and (e) bread the breath of the customer; and (e) bread the victim’s breath; and (e) b)

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of C’s written laws and regulations

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Interference with the business [Article 1] : Reduction according to the reason for mitigation [the person subject to special sentencing] from June to June [the person subject to special sentencing]]: January to August [the decision of sentence] : The details of the crime in this case, the degree of violence exercised, the degree of damage and the recovery of damage (agreement) ; the defendant's mistake is recognized; the defendant's age, health status, criminal records, and the circumstances after the crime, etc. are considered, and the suspended sentence of imprisonment was ordered against the defendant as ordered.

The summary of the charge of assault among the facts charged in the instant case that dismissed the prosecution was the Defendant’s assault on October 24, 2016 at around 23:15, and on the one way near the exit of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant, under the influence of alcohol on October 24, 2016, committed assault against the victim by breading the victim’s her buck with the

The "Act" is the same.

The facts charged by the defendant are crimes falling under Article 260 (1) of the Criminal Act, and cannot be prosecuted against the victim's explicit intent pursuant to Article 260 (3) of the Criminal Act. According to the agreement submitted by the defendant to this court, the above victim is prosecuted of the case.

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