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(영문) 수원지방법원 안산지원 2020.01.08 2019고단4032
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 14, 2018, the Defendant was released on May 10, 2019 and the parole period was expired on August 7, 2019 while he was sentenced to 8 months of imprisonment with labor by the Seoul Central District Court for interference with business, etc.

1. On August 18, 2019, at around 11:25, the Defendant: (a) committed assault against the victim on the ground that the victim D (n, 58 years of age) who is an employee at the restaurant, refused the request of the Defendant to issue a proxy engineer; (b) he refused the request; and (c) was taking a cab on the part of the Defendant; and (d) took a bath to the Defendant, the Defendant used the victim to assault the victim, who is a minor, who is a dangerous object on the table.

2. On August 18, 2019, from around 11:20 to 11:35 of the same day, the Defendant interfered with the business of the victim’s restaurant business by force on the ground that he refused the Defendant’s request that the employees of the above restaurant would not take a substitute engineer, such as paragraph (1), and that he was unable to take a substitute engineer, thereby interfering with the victim’s restaurant business by leaving the bottle’s disease on the floor and cutting off the string the strings in the above restaurant, and going back to the restaurant by going back to the restaurant with the intention of going back to the restaurant, and going back to the restaurant in large interest, and neglecting the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. On-site photographs, crime photographs, and extracted;

1. Investigation report (CCTV image analysis);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (the confirmation of crimes during the period of repeated crimes)-related Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of the concurrent offenders, the punishment of the punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is for considerable criminal offenses such as obstruction of performance of official duties, obstruction of performance of official duties, etc., and interference with the instant duties again during the repeated offense period due to obstruction of official duties, etc.

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