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(영문) 서울남부지방법원 2015.09.03 2015고단2607
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 20, 2015, from around 23:10 on the same day to 23:30 the same day, the Defendant: E, “E” operated by the victim D (V, 60 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, and expressed the victim’s desire to “I am, I am, I am, I am, I am, I am, and I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am the victim’s fingers by gathering the son.

Accordingly, the defendant interfered with the victim's restaurant business by force, and assaulted the victim.

2. On April 20, 2015, at the restaurant as indicated in paragraph (1) around 23:35, the Defendant publicly insultingd the victim by openly insulting the victim on the following grounds: (a) 3 persons, such as the victim F, an assistant of the Seoul Young Military Police Station, who was dispatched after receiving the said report 112 from D, such as the victim F, who was requested to produce his/her identification card; (b) D and sons; and (c) the victim’s police, such as the victim’s club fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Crimes committed under Article 314 (1) of the Criminal Act (Interference with business and choice of imprisonment) and Article 260 (1) of the Criminal Act;

(1) Article 311 of the Criminal Act

U.S. Imprisonment

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Violence (Type 1): There is no person who has committed a general assault (type 1): February-10 [the decision of sentencing]. The defendant's mistake is recognized. The degree of the act of violence in this case, the degree of the act of violence in this case, the age, character and conduct, criminal records, circumstances after the crime, etc. are revealed in the oral proceedings.

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