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(영문) 서울남부지방법원 2017.08.18 2017고단1267
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, at around 02:45, the Defendant: (a) sought additional advance payment from the injured party C (64 taxes) on the first underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, the Defendant committed assault by putting the injured party’s left side shoulder part of the victim’s back on the beer’s back by having a beer’s disease, which is a dangerous object on the beer’s back, which was in danger; (b) continuously putting the injured party’s flaps into the beer and flaps; and (c) continuously putting the injured party’s flaps into the beer’s seat, such as making a great sound over about 30 minutes, etc. customers in the beer.

Accordingly, the defendant assaulted the victim with dangerous things, and at the same time interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A damaged photograph;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to investigative reports ( telephone conversations at a main point);

1. Article 314 (1) and Article 313 of the Criminal Act concerning the facts constituting an offense, and Articles 261 and 260 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of Confession, influence of punishment for victims, background of crimes, method of crimes, degree of damage not much serious, and record of crimes, etc.);

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