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(영문) 서울동부지방법원 2019.11.25 2019고단1966
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 9, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury at the Seoul Eastern District Court on October 4, 2018 and completed the execution of the said sentence.

around 17:50 on June 7, 2019, the Defendant assaulted the victim’s neck by hand at D stores operated by the victim C(64 years old) located in Songpa-gu Seoul, Songpa-gu, Seoul, stating that the victim “this son, Nabk far, fark fark, and farcing our army.”

around 11:00 on May 26, 2019, the Defendant: (a) found the above store and claimed that “this building is its mother’s ownership”; (b) flicked the breath of the victim’s breath; and (c) flicked the victim’s breath for about 50 minutes, namely, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, and obstructed the victim’s business by force over two hours in total during about 2 hours.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement of C;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of repeated crimes, attachment of judgment and expiration date of term of punishment);

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: One month to fourteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business Decision) [No one shall interfere with business [Class 1] [No one shall interfere with business] [the area of recommendations and the scope of recommendations].

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