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
『2016 고단 2120』 피고인은 2016. 6. 1. 22:00 경 울산 남구 C에 있는 피해자 D(29 세) 이 종업원으로 일하는 ‘E’ 성인회관에서 피해자에게 술을 주문하였으나 피해자가 밀린 외상대금 14만 원을 지급할 것을 요구하며 술을 제공하지 않자 화가 나 주먹으로 피해자의 얼굴 부위를 3회 때리고, 발로 피해자의 가슴 부위를 3회 찼으며, 계속해서 피해자를 소파에 넘어뜨린 후 주먹으로 피해자의 얼굴 부위를 3회 때려 피해자에게 약 3 주간의 치료를 요하는 흉부 타박상 등의 상해를 가하였다.
around 21:17 on January 6, 2017, the Defendant obstructed the victim’s business operation by force by avoiding disturbance for about 20 minutes, such as “F”’s main points located in Ulsan-gu C, Ulsan-gu, Seoul (hereinafter “F”), on the ground that the Defendant and the victim, who drinking alcohol, went to the table of other customers. However, the Defendant’s business operation interfered with the victim’s business operation by force.
Summary of Evidence
"2016 Highest 2120"
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. A written diagnosis of injury "2017 Highest 256";
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes of the police statement protocol to G;
1. Relevant Article 257(1) of the Criminal Act (the point of harm), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor 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 suspension of execution (including the fact that there is no past record of criminal punishment exceeding a fine, the victim of the crime of bodily injury was compensated and the victim of the crime of bodily injury was smoothly agreed upon, and the victim of the crime of interference with business did not want the punishment of the defendant, and the victim is in profoundly
1. The community service order under Article 62-2 of the Criminal Act;