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(영문) 창원지방법원 마산지원 2021.03.24 2020고단1375
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. A special assault Defendant: (a) around 18:30 on October 23, 2020, the victim C (n.e., 61 years of age) located in Changwon-si, Changwon-si, Masan (hereinafter “D”); (b) around 61 years of age, the Defendant committed assault against the victim on the ground that: (c) on the ground that the Defendant: (d) she told the victim, who had seen to run sound in the vicinity of the above shop, the Defendant called “n.e., h., h.” on the ground that he she sawd into the above shop; and (d) she saw the victim as “n.e., h., h., h. to the end,” and she saw the victim as “n.e., h., a dangerous object carried by the Defendant.”

2. On October 23, 2020, from around 18:30 to around 18:40, the Defendant obstructed the victim C’s business operation by force by avoiding disturbance, such as leaving a half of the market price of 38,000 won at the display stand for the same reason as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements 1, reports on occurrence (Interference with business affairs), the scene and photographs of the victim C, records of the case to be reported, records of the case to be handled in 112, receipts, and stick photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the choice of imprisonment for a 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 observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Assaults) (Special Assaults) (Special Assaults) / [Type 6] / Special Assaults and Special Assaults (Special Sentencings / Special Sentencings : In cases of minor assaults: Non- sources of punishment [the territory of recommendation and the scope of recommendations] / Special mitigation area of punishment, one month to two months of imprisonment;

(b) a second crime (a decision of type) interference with business (a decision of type) shall interfere with business. (b) interference with business. (a) interference with business operations.

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