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(영문) 서울북부지방법원 2020.05.08 2020고단34
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

On November 4, 2019, around 10:25, the Defendant requested the victim E (the 26-year-old) who is an employee of the D Bank in Dongdaemun-gu Seoul, to pay money at the hearing point of D Bank C, which is managed by the victim C in Dongdaemun-gu Seoul. However, as the Defendant refused, it was difficult to avoid disturbance, such as: (a) assaulting the victim E by exposing plastic documents with the victim E; (b) assaulting the victim E, which is a dangerous object; and (c) going back to the sound after going beyond the harmful parts.

The defendant, carrying dangerous articles, assaults victim E, and interfered with the victim C's banking business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E, C, and F;

1. Police seizure records;

1. On-site photographs;

1. Application of the Acts and subordinate statutes concerning the investigation report (CCTV image verification), investigation report (to hear the telephone statement from the staff of the Cheongop branch of the D bank) and investigation report (CCTV image video);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1) and 314 (1) of the Criminal Act that choose the penalty, and the choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence ]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Obstruction of Business (Type 1] Obstruction (Special Convict) : Reduction element: In the event that the degree of interference with business is minor, it shall include serious efforts to recover damage (including the recommended field and recommendation range) special mitigation range, and one month to August 3.

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