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(영문) 인천지방법원 2021.01.14 2020고단9289
특수폭행등
Text

A defendant shall be punished by imprisonment for four 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

1. A special assault Defendant: (a) around August 5, 2020, at C danran, in Gyeyang-gu, Incheon Gyeyang-gu, and 1 underground floors; and (b) on the ground that the Defendant was investigated by the police as the assaulting day of the victim D (57 years old) around November 2019, the Defendant was investigated by the police around November 5, 2019.

“Along with the victim’s bath, the victim’s neck was laid over the floor by cutting the victim’s neck behind the victim’s end, and boomed the beer’s disease, which is a dangerous object on the table, on a hand, and assaulted the victim by putting the beer’s disease toward the victim.

2. On the ground that the victim E, who is the owner of the business at the time, and at the place specified in the above paragraph 1, told the defendant that he would be at the time and place, as described in the above paragraph 1, the defendant's interference with the business, "Samin and killed shall be discarded."

“The victim’s main business operation was obstructed by force between approximately 10 minutes, i.e., taking a bath, throwing away the tables with a hand, throwing the wind door on the floor, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes to victims of each police statement protocol against the defendant's legal statement E, D, and CCTV photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the choice of imprisonment for a 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Violence) (Special Violence) / [Determination of Type] Violence / [Type 6] / Special Violence / Special Assault / Special / Special Assault / Special Sentencing : In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], the area of mitigation of punishment [the area of recommendation and recommendation], February through February 1 and February;

(b) Type 2 crimes (Interference with business).

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