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(영문) 서울동부지방법원 2019.06.12 2019고단1150
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. Around 00:30 on April 6, 2019, the Defendant: (a) 20:30, Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government B Victim C (Y, 48 years of age); (b) ransh the beer’s disease by putting the beer’s disease while drinking alcohol with the victim; and (c) ransh the patient’s disease due to a shoulderer’s refusal to drinking alcohol with the victim; and (d) ranshed the beer’s disease facing the victim’s disease at other places; and (e) the disease faced with the victim’s wrong selling.

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

2. Around 00:30 on April 6, 2019, the Defendant interfered with business, at the place of paragraph (1), interfered with the victim’s normal main business by breaking the brush, such as taking several crushs while under the influence of alcohol, shouldering them, and taking a bath, etc., and allowing other customers to take the crush, thereby hindering the victim’s normal main business.

Accordingly, the defendant interfered with the victim's main role operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C Protocol of Statements

1. Provisions of Articles 261, 260 (1), and 314 (1) of the Criminal Act (Each choice of imprisonment with prison labor);

1. Of concurrent offenders, the sentencing reasons under the former part of the Criminal Act and the sentence under Article 37 and Article 38 of the Criminal Act, the Defendant was sentenced to two years of suspension of execution on April 20, 2016 as concurrent offenders with obstruction of performance of official duties, and the court was sentenced to two years of suspension of execution on April 28, 2016, and the same case was committed in a short period after the expiration of the suspension period.

In this case, it is possible to examine the application of insult(12,20 pages), obstruction of performance of official duties, disturbance of public office, etc., but it was also possible to apply the criminal facts of this case to the police officer who was dispatched by the defendant in this case, to take a bath to the police officer, to throw a free advantage of the disease, and to continuously take a bath after being taken in the earth, and to spit of spits such as spits (12,20 pages), etc.

The victim expressed his intention not to punish the victim during the investigation and again submitted the written agreement immediately before the sentence.

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