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(영문) 수원지방법원 안산지원 2019.03.20 2018고단4024
폭행등
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 October 24, 2018, the Defendant interfered with the business, before the victim C’s convenience stores operated by the victim C, who was located in the members B of the Dong in Ansan-si, the amount of ten minutes from around 00:30 on October 24, 2018, the Defendant obstructed the victim’s operation of the convenience store by force, on the ground that the victim was sleepd by running the convenience store with the table, sprink, sprink, and sprinking in the park.

2. Around October 24, 2018, the Defendant spiting the victim’s spiting spits on the part of the victim’s head, taking part of the victim’s spits into his/her head, and assaulted the victim within the above convenience store.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Statement to C by the police;

1. Damage photographs;

1. Application of each CCTV image statute;

1. Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing up the maximum term of the punishments as provided for in each of the above crimes);

1. Article 62 (1) of the Criminal Act;

1. As to the defense counsel’s assertion on probation, community service, and lecture attendance order under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 of the Probation, etc. Act, the defense counsel asserts to the effect that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime. However, in light of the background, means, and methods of the instant crime, the circumstances after the instant crime were committed, etc., the Defendant appears to have the ability to discern things or make decisions due

The reason for sentencing is the first type of crime (decision of type) (Interference with Business) (Decision of the Recommendation Area) (Decision of the Recommendation Area), the basic area [Scope of Recommendation Form] from 6 months to 1 year.

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