Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 14:00 on October 6, 2017, the Defendant found it under the influence of alcohol at the “E” point operated by the victim D in Busan East-gu, Busan-dong, and without any justifiable reason, the Defendant obstructed the victim’s main business by force by avoiding disturbance between about 10 minutes.
"2017 Highest 6013"
1. 폭행 피고인은 2017. 10. 4. 11:30 경 부산 동래구 C에 있는 ‘E’ 주점에서, 다른 테이블에서 술을 마시고 있는 피해자 F(59 세) 이 피고인과 친분이 있는 여종업원에게 껄떡댄다는 이유로 피해자와 시비가 되어 말다툼을 하던 중 손으로 피해자의 멱살을 잡아 흔들고, 주먹을 들어 피해자의 얼굴 부위를 때리려고 하는 등 폭행하였다.
2. The Defendant, while intending to have a dispute as above at the date and time, at the place specified in paragraph 1, and at the same time, and at the place, and the principal employees, etc. were heard, insulting the victim by openly insulting the victim, such as “hump, typ, suas, and rheat,” etc.
Summary of Evidence
[2017 Highest 5147]
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A criminal investigation report (the statement, etc. of a victim) (the order 2017 high group 6013);
1. Statement by the defendant in court;
1. Application of F’s written Acts and subordinate statutes;
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act for protection observation;