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(영문) 서울북부지방법원 2016.10.14 2016고단3304
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 27, 2016, from around 06:20 to around 06:35 of the same day, the Defendant, who interfered with the business, and the Defendant took a bath to the large interest in a restaurant operated by the victim D (Inn, 44 years old) in Jung-gu, Seoul, with a view to sports games.

Therefore, the victim's defect that the victim does not want the defendant, and the defendant expressed the victim's desire to "the same fluor of bitch, fluor of bitch, dead fluor of bitch, fluor of fluor, fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of flu

Accordingly, the defendant interfered with the victim's restaurant business by force, and assaulted the victim.

2. At around 06:25 of the same day, at the same time, the victim E (the age of 49) who had the Defendant listened to the sound to avoid the disturbance and prevented the Defendant from speaking, the Defendant collected the strawer, which is a dangerous thing in the place, and kiddddddd the victim’s head, kiddd the victim, kiddd the victim, and kid the victim over the floor by pushing the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of Violence Gu photographs);

1. Relevant provisions of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 260 (1) of the Criminal Act ( point of violence), Articles 261 and 260 (1) of the Criminal Act ( point of special violence), the choice of imprisonment with prison labor for the crime;

1. Second crimes (Interference with Business) that have no basic area (including June-1 and January-10), among concurrent offenders, [the scope of recommending punishment] for the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and Article 3(3) [the scope of recommending punishment] [the scope of recommending punishment] for the basic area (including June-1 and June-16] of Article 6 of the Act on the Punishment of Violence.

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