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(영문) 수원지방법원 성남지원 2018.11.28 2018고단2008
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal records] On November 9, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business in the Sungnam branch support by the Suwon branch, and completed the execution of the sentence at the Suwon detention center on March 7, 2018.

[2] On June 5, 2018, the Defendant: (a) at the female house C located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul on June 23:30, 2018, the Defendant committed assault against the victim by opening the guest room and cleaning the victim’s neck by hand on the ground that malodor remains, while the victim D cleans the guest room at the female house at the female house’s request.

On September 23, 2018, the Defendant interfered with the convenience store business of the victim by force between about 10 minutes and 10 minutes, in G convenience stores operated by the victim F in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, on September 23, 2018.

Summary of Evidence

"2018 Highest 2008"

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigative reports, investigative reports (to hear statements from victims), recording records, and investigative reports (to hear statements from victims D);

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, and the current status of personal confinement "2018, 2335";

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports, field photographs, and investigation reports (CCTV recording investigation);

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;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. 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, as the punishment for concurrent crimes;

1. One crime (Obstruction of Duties) within the scope of the recommended punishment according to the sentencing criteria, which is the aggravated area (one year to three years) (one year to six months) of the aggravated area (Special Aggravationd Persons), which is the second crime of repeated crimes (Assaults) [the scope of the recommended punishment].

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