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(영문) 서울동부지방법원 2015.11.26 2015고단1669
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

A. On October 25, 2012, the Defendant was sentenced to two years of imprisonment due to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and the crime of interference with business, etc. at the Seoul Eastern District Court (hereinafter “Seoul Eastern District Court”) and completed the execution of the sentence on June 13, 2014.

[2015Kadan1669] On May 20, 2015, the Defendant was placed at a D cafeteria located in Gangdong-gu Seoul Metropolitan Government on the ground that the meals ordered to female employees in the cafeteria did not properly get out of the cafeterias, and the Defendant was placed at the victim E (33 years old) while she got out of the cafeterias, and took out a bath with the victim, she was boomed and pushed off with the victim by hand, and boomed two empty bottles in the cafeterias located in the cafeterias in the cafeterias, she was flicked with each other, and she assaulted the victim by taking out two flick bottles in the cafeterias located in the cafeterias in the cafeterias, and assaulted the victim by pushing the victim with another hand.

[2015 Highest 2809] On September 19, 2015, at the main point of “******” located in Gangdong-gu Seoul Metropolitan Government, the Defendant expressed that “The victim G (n's, 33 years old), who is a business owner, returned to the main point for the reason that he/she would not drink alcohol, and going to go to the main point for the purpose of not selling alcohol, and that “scams, scams, and scams are being discovered,” going to the customers, and obstructed the victim’s main point business by force for 20 minutes by avoiding disturbance at the entrance.

Summary of Evidence

[2015 Highest 1669]

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Each police statement to I and E;

1. Each site and the photograph of damage [2015 Highest 2809];

1. Defendant's legal statement;

1. Each police statement concerning G;

1. On-site photographs (before the date of sale);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 314 (1) of the Criminal Act (a point of interference with business) and the choice of imprisonment for a crime;

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

1. Concurrent Crimes.

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