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(영문) 서울동부지방법원 2016.08.24 2015고단3520
폭행등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 04:50 on November 5, 2015, the Defendant: (a) fright stores in Gangdong-gu Seoul Metropolitan Government Victim E (22 tax) serving as an employee; (b) fright stores, under the influence of alcohol, called “an unfortunate, unfortunate” to the victim without any reason; (c) frightly frightly frightened the victim; (d) threatened the victim with frighting the victim; and (e) continuously collected the frighter on his/her calculation platform; and (e) frighted the victim with frighten.

2. The Defendant interfered with the business of the victim’s convenience store operation by force by exposing a disturbance, such as cutting off the boom at the time and place set forth in the preceding paragraph, and cutting off the booms, which was installed in front of the entrance, outside of the entrance, and preventing other customers from doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on the screen after the closure of a course;

1. Relevant Article 260 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense and Articles 260 (1) and 314 (1) of the Criminal Act that choose a penalty;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the punishment has been imposed on several occasions for the same kind of crime for the reason for sentencing of the order of provisional payment; Article 334(1) of the same Act provides that if the crime of this case was committed again during the suspension of execution due to the same kind of crime, the punishment for the crime shall be imposed in consideration of the circumstances favorable to the defendant, such as the confession and depth reflects on all of the crimes of this case; in relation to the obstruction of business, the mere fact that all of the crimes of this case are confessions and reflects on the part of the owner of convenience stores; the degree of assault and

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: (a) around 15:05 on February 6, 2016; (b) around the subway line 5 lines G located in Songpa-gu Seoul Metropolitan Government, and (c) on the platform in the direction direction of the river station in the river history in Songpa-gu Seoul Metropolitan Government.

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