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(영문) 대전지방법원 2020.06.25 2019고단4888
폭행등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 28, 2019, the Defendant was sentenced to six months of imprisonment for special intimidation at the Daejeon District Court, and completed the execution of the sentence on August 30, 2019.

【Criminal Facts】

1. On September 13, 2019, the Defendant: (a) around 15:00 on September 13, 2019, the Defendant reported that the victim B (the age of 44) who was aware of 173 in the middle-gu, Daejeon was drinking and drinking on the street; (b) the victim demanded that the victim drinks drinking and drinking alcohol; (c) but the victim’s face was taken one time on the ground that the victim refuses it; and (d) went beyond the victim’s body by hand.

Accordingly, the defendant assaulted the victim.

2. On October 5, 2019, at around 20:50, the Defendant: (a) found the victim D (the age of 38) in Daejeon-gu, Daejeon-gu as a customer on the main point of “E” operated by the victim D (the age of 38) and provided a bath to the customer who was in the main place under the influence of alcohol while drinking a mixed drinking; (b) tried to sit in the other table; and (c) attempted to have the customer on the table, and then, (d) the customer and the customer take the bath to “I will not fright, I will not drink, I will drink, I will not drink,” and (d) expressed his voice to the main place and the customer, and (e) let the customer take the disturbance out of the bar by not later than 22:30 of the same day.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Each statement of B, G, and D;

1. Photographs of the parts of the upper part of the victim B, notification to each department related to the 112 reported case, and notification to the 112 reported case handling table;

1. A report (including violence), arrest report of a person suspected of interfering with business, report on internal investigation, and investigation report (related to revision to the duration of crime);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to violent crime records, etc.), seven copies of judgment, etc., and the application of Acts and subordinate statutes concerning personal confinement;

1. Criminal facts;

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