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(영문) 서울동부지방법원 2016.11.30 2016고단2770
폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

. As a result, the victim exceeded the floor;

Accordingly, the Defendant committed assault against the victim as above.

[2016 Height2975] On September 5, 2016, between around 10:35 to 10:53, the Defendant: (a) reported himself/herself to interfere with his/her business on the ground that: (b) around April 2016, the Defendant reported himself/herself to interfere with his/her business; (c) in collusion with D and police boxes, the Defendant made the said D business and management work of the victim F, etc., the head of the above D support team, by force over approximately twenty-three (23) minutes of the sound, thereby interfering with the said D business and management work.

Summary of Evidence

[2016 Highest 2770]

1. Legal statement of witness E;

1. Statement to E by the police;

1. A E-document;

1. Each investigation report and photograph (2016 Highest 2975);

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 260 (1) (Selection of Imprisonment) and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence;

1. Basic area (two months- October) of the first category of assault crime (general assault);

2. The scope of final sentence according to the aggravation of multiple offenses (six-one year and six months): six-one year and one1 year [decision of sentence] Defendant assaults an employee in Mart used by a majority despite the fact that the Defendant had already been punished by multiple violence, and interfered with the employee’s business;

However, since 2004, there is no more severe punishment of fine, there is no record of punishment since 2009, and the degree of violence is not much serious, and thereafter, it seems that the above Mart is no longer found, and it is judged as the order in consideration of all the sentencing conditions, such as the fact that the defendant is considered and the health of the defendant.

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