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(영문) 서울동부지방법원 2013.11.29 2013고합270
폭행등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around September 22, 2013: (a) around 03:30 on September 22, 2013, the Defendant: (b) expressed the victim E (n, 58 years old) who reported the Kabter in D Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government, with the voice of D Co., Ltd., “I am Madro Madro Madro Mad, Mad, Mad, Mad, Mad, 7-8 years old; and (c) expressed the victim F (ma, South, 58 years old) who was the manager of the said Madro Madro Mad, thereby threatening the said E and F.

2. The Defendant interfered with his duties by force, such as: (a) the time and place as mentioned in the above paragraph (1) above; (b) the time and place for about fifteen (15) minutes in which customers, who had locked in the water surface room, continuously slided a large amount of sound; and (c) making the customers, who had locked in the water surface room, broken out the locked away from the lock, etc., interfered with the business of the above friendship.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant Article 283(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of intimidation, the choice of fines) for the crime and the choice of punishment (the point of interference with business and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Articles 70 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 provisional payment order was that there was a record of having been punished several times of crimes such as assault, injury, fraud, etc. such as punishment under probation on November 201, 2012, and other matters as prescribed in Article 51 of the Criminal Act.

The acquittal portion

1. A summary of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) is the victim E, as described in Paragraph 1 of this Article, that the victim F was detained by reporting him/her as a crime of injuring himself/herself on October 2012.

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