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(영문) 청주지방법원 2017.06.22 2016고단1809
특수폭행등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around August 5, 2016, the Defendant: (a) committed assault, i.e., assaulting the victim E (73) on the right side of the Victim E (73) while working on the street in the hives of Heung-gu, Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-si, for an excessive street store; (b) assaulting the victim by taking advantage of his clothes and sublime boxes, which are dangerous things listed on the display stand; and (c) threatening the victim to the victim; and (d) threatening the victim.

2. The Defendant, at the time and place of Paragraph 1, obstructed the victim’s occupation and business by exercising authority as stipulated in Paragraph 1, among the customers with a sublime on the street of the victim.

Summary of Evidence

1. Each legal statement of E and F in part;

1. Part of each statement in the police interrogation protocol regarding E, or in the police interrogation protocol (one answer type, one answer type, and the cross-examination) concerning the accused and E;

1. A report (special violence, etc.);

1. Some of the written statements in the complaint (the defendant citing the person who gets off or is not in a threat of the victim, and does not interfere with the business of the victim. However, in full view of the evidence duly adopted and examined, the defendant raised a dispute between the victim and the person who was killed in the line of duty, brought the person who was killed in the line of duty, and pushed the victim with the person who was killed in the line of duty, and the person who left down the line of duty on the old store of the victim can be sufficiently recognized by such disturbance, so the above argument is not accepted). Thus, the above argument is not accepted.

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of assaulting carrying dangerous articles), Article 314 (1) of the Criminal Act (the point of obstructing business), and the choice of fines for the crime;

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. Fine of 500,000 won to be suspended from the suspension of sentence; and

1. The reason for sentencing of Article 59(1) of the Criminal Code Article 59(1) of the suspended sentence is the day when the defendant was faced with the victim and his old occupation, and the reason why the crime was committed.

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