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(영문) 부산지방법원 2015.12.16 2015고단6296
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

1. On July 26, 2015, at around 20:50, the Defendant took a bath to E, a customer without any justifiable reason, at the “D” restaurant located in Kimhae-si, Kim Jong-si, and the victim F, a business owner, took a mobile phone with the victim F, who was able to engage in the business, twice the victim’s knife, and twice the victim’s knife, which is a dangerous object on the floor, with the victim’s knife, and twice the victim’s knife, and the victim G (ma, 52 years of age) took the victim’s face and back the victim’s knife with the victim’s knife.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

2. The Defendant interfered with the business of the Defendant, at the time and place indicated in the above paragraph (1) above, and at the time and place to other customers with a large voice, boomed them, and boomed the disturbance over about 30 minutes, thereby interfering with the victim F restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the F, E, and G;

1. Paper photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 261, 260 (1), and 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. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 crime (Crimes of Special Violence against Victims F) [Scope of Recommendation] Crimes of Type 6 (Habitual Offense, Habitual Offense, Special Violence): Reduction area (4 to one year and two months) (Special Mitigation Area): No penalty surcharge;

(b) Class 2 crime (Crimes of Special Violence to Victims G) / [Scope of Recommendation] Class 6 (Habitual Offense, Habitual Offense and Special Violence) / mitigated area ( April-1 and February) (Special Mitigation) : A person not subject to punishment;

(c) Type 1 (Interference with Business) (Interference with Business) (Scope of Recommendation) and the mitigation area (1 to 8 months) (2) (2) and (3): A person not subject to punishment;

2. The scope of final sentence due to the aggravation of multiple offenses: from 4 months to .

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