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(영문) 서울북부지방법원 2018.11.23 2018고단3028
폭행등
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

[2018 Highest 3028]

1. On June 30, 2018, the Defendant: (a) around 16:40 on June 30, 2018; (b) in Dongdaemun-gu Seoul Dongdaemun-gu, the Defendant took a bath on the ground that the Defendant was requested to leave the victim E by avoiding disturbance, such as the Defendant’s frighting D, a dispute with the Defendant’s frighting D, and the salted salting.

“A sound,” going to the knife the arms of the victim, and going to the knife the knife, the part of the victim’s knife.

The Defendant continued to commit assault by driving away the victim from the carcas, such as bucking the bucker and scambling the chest.

[2018 Highest 3101]

2. On July 4, 2018, at around 19:00, the Defendant: (a) found in the restaurant specified in paragraph 1 on July 4, 2018; (b) requested the victim to reach an agreement on the assault case; (c) however, the Defendant was unable to bring a disturbance for about five minutes for the following reasons: (a) the Defendant refused it; (b) provided the victim’s bath at the camera located near the entrance; and (c) provided the customer who intends to enter the restaurant and make a calculation with the customer who intends to enter the restaurant; and (d) provided the said customer with a large interest.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

[2018 Highest 3028]

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. A investigation report (other party to on-site CCTV) (2018 high group 3101);

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. E statements;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV verification);

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. 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. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not good because the defendant assaulted the principal of the restaurant, and found again in the restaurant, thereby obstructing the business.

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