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(영문) 부산지방법원 2018.09.28 2018고정1359
특수폭행등
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around April 26, 2018, the Defendant assaulted the victim E (the 56-year-old) who was an employee of a corridor while taking a bath to “D.” on the ground that the drinking value is excessive from the main point of “D’s operation,” located on the first floor of the building B located on the ground of the Busan-dong-dong-gu Busan-dong, Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu,

2. The Defendant, at the same time and at the above place, laid a fluor by gathering glass residues on his/her table on several occasions on the ground that the proprietor does not enter the place of business, and broken the fluor.

Accordingly, the defendant interfered with the main business of the victim C(n, 54 years old) by force.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police statement protocol with respect to C and E;

3. Closed circuit television (CCTV) video recorded in the CDs;

4. Each photograph;

5. Application of each police investigation reporting statute;

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

(a) The point of special assault: Articles 261 and 260(1) of the Criminal Act (the choice of a punishment);

(b) point of interfering with business affairs: Articles 314(1) and 313 of the Criminal Act;

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who has committed a crime with heavier duties).

3. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 22,500,000; and

2. In this case, the sentence of sentence is determined by the defendant, on the ground that the defendant's drinking is excessive after drinking alcohol at the main point in the night, and the defendant laid a glass balance, which is an object dangerous to the victim E, who is an employee, and committed violence, and obstructed the victim C's main business by neglecting his/her happiness, and the nature of the crime and the circumstances are not good.

The danger of free residues used as a tool for committing a crime seems to have been so great to victims E could have suffered a big damage.

Due to the criminal act of the defendant, victims have considerable impact and suffering as well as economic damage.

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