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(영문) 수원지방법원 안양지원 2018.01.16 2017고단1791
폭행등
Text

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

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

Reasons

Punishment of the crime

[2017 Highest 1791] The Defendant, at around 4:50 on September 27, 2017, wanting to sell a tobacco to the victim C (29 years old) who is walking along the street 5 in front of the exit of 750 Si/Gun prisoners of war at Mapo-si, Si/Gun.

In this regard, the city expenses are blicking the victim's breath and booming the victim's blick face twice.

Accordingly, the defendant committed assault against the victim.

[2017 Highest 1892] On October 19, 2017, the Defendant interfered with the victim’s restaurant operation duties by force for about 45 minutes, such as paying time fees, within a “F restaurant operated by the victim E in Ma on October 19, 2017,” and under the influence of alcohol after eating and drinking.

Summary of Evidence

[2017 Highest 1791]

1. Partial statement of the defendant;

1. A written statement of C;

1. A victim's photograph (2017 Height 1892);

1. Statement by the defendant in court;

1. A written statement of the G victim;

1. Application of receipts, on-site photographs statutes;

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;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the sentencing guidelines] - Interference with the duties - Interference with the duties - No. 1 (Interference with Duties) in the basic area (from June to June) (no. 1) - Violence Crime No. 1 (General Violence) in the basic area (from February to October) - The final sentence scope due to multiple crimes that have no special sentencing person: The final sentence scope due to the increase of multiple crimes that have no special sentencing person: 6 months to 11 months (decision of sentence): The fact that the defendant partly recognizes his/her mistake, the fact that the defendant has no record of punishment for the suspended sentence, the fact that he/she has no record of imprisonment with labor or more unfavorable: The fact that no agreement has been reached with the victims.

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