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(영문) 청주지방법원 영동지원 2016.03.23 2015고합15
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The request for the treatment and custody of this case is dismissed.

Of the facts charged of this case, assault is used.

Reasons

Punishment of the crime

【Criminal Force” On April 2, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor due to an injury, etc. at the Youngju District Court’s Young-dong branch, and the Defendant completed the execution of the sentence at the Cheongju detention center on September 30, 2015.

[Criminal Facts]

1. On October 6, 2015, the Defendant: (a) around 23:50 on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence assault, etc.); (b) around 23:50 on the E-cafeteria operated by the victim D (V) in the Chungcheongbuk-gun C; and (c) upon the victim’s report, the Defendant was notified of the violation of the Punishment of Minor Offenses Act at the central district of the Yeongdeungpo-dong Police Station; and (d) upon the victim’s notification, the Defendant was fluen

On October 13, 2015, the Defendant found the above E restaurant for the purpose of retaliation against the above report on around 22:25 on October 13, 2015, and then was detached from the victim due to “P. C. H., h., so, the Defendant was softened.

“The victim’s face was expressed as “ and the victim’s face was assaulted at one time by hand.”

2. Around October 14:00 on October 7, 2015, the Defendant obstructed the victim’s restaurant business by force by entering the said E restaurant operated by the victim D and bringing a desire to an employee of the restaurant who is being opened, opened, snowd, and cleaned for ten minutes, as well as interfering with the victim’s restaurant business by force. From that time until December 23:00 of the same month, the Defendant interfered with the victim’s restaurant business by entering the restaurant operated by the victims five times in total, such as the list of crimes, by entering the restaurant operated by the victims, by force.

Summary of Evidence

【Criminal Facts】

1. Statement of the defendant in the third public trial records;

1. Each statement made by the witness D, F and G in the second public trial records;

1. Each investigation report (the sequence 4, 11, 14 of the evidence list);

1. Application of a reply to inquiries, such as criminal history, and investigation reports (Evidence No. 16 of the Evidence List) by the Act and subordinate statutes before and after the judgment of the cafeteria CCTV;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of retaliation assault: Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act;

B. 1) Regarding victim D: Article 314 of the Criminal Act by universal title.

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