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(영문) 부산지방법원 2017.11.13 2017고단2771
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 29, 2017, around 04:05, the Defendant: (a) entered the victim D (59) of the victim D (S) located in the Busan East-gu, Busan-dong-gu, with a view to opening a business under the influence of alcohol; (b) was under the influence of alcohol; (c) while continuing to be in the sofac wave without going through, the Defendant was able to have his/her home home from the victim’s wife F to end up her home home from the victim’s wife; (d)

Before having taken a bath, the victim’s arms were laid down, boomed, boomed, boomed, and boomed once, on the ground that the spawds were spawd even when the spawd was returned from the injured party, and the spawd.

Accordingly, the defendant assaulted the victim.

2. The Defendant, at the above time and place, was demanded by the victim D, who is the owner of the business, to return home several times at the same time and place, but did not take part in the strike, spawal, spawal, and spawal as above, and spawn 25 minutes, such as taking a bath, assaulting the victim, etc.

Accordingly, the Defendant interfered with the singing business of the victimized person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

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

1. The scope of the recommended punishment according to the sentencing guidelines for multiple offenses: the scope of the final sentence due to the aggravation of multiple offenses for which there is no basic area (fix 6 months to 1 month) (fix 6 months), the basic area (fix 6 months), (fix 6 months), and the basic area (fix 1 months to 10 months) (fix 10 months), and the basic area (fix 2 months to 10 months) (fix 10 months) (fix 6 months): 6 months to 1 November;

2. The same crime has been committed continuously despite the record of punishment for the same kind of crime as the sentence has been imposed, and the investigative agency after the crime in this case has been committed.

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