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(영문) 인천지방법원 2017.08.31 2016고단8347
폭행등
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

around 07:45 on November 19, 2016, the Defendant used the victim E (25 years of age) to stop driving in front of the passenger car driven by the victim E (25 years of age) under the influence of alcohol, to walk the back of the driver's seat of the victim under the influence of alcohol, and to assault the victim at one time at his/her hand at one time.

The Defendant, from February 17, 2017 to February 000 on February 18, 2017, 2017, 3083, hereinafter “the Defendant is an internal examination of the victim G in the Dong-gu Incheon Metropolitan City from February 18, 2017 to February 02:00, to other customers who drink at the place of alcohol.”

In order to avoid disturbance, such as leaving a disturbance with customers, which is a member of the NIS, and dispute with customers, the customers of the said head of the NIS did not drink any more, thereby obstructing the victim's door-based business by force.

Summary of Evidence

"2016 Highest 8347"

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Video CD " 2017 Highest 3083";

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A report on investigation (an investigation conducted against the other party of a harvested person);

1. Application of statutes to victim G telephone conversations (suspects' interference with business, etc.);

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 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 for observation of protection;

1. The scope of the recommended sentence according to the sentencing guidelines is limited to only one crime (Interference with Business) [the scope of recommending a person subject to special mitigation] (one month to eight months) in the mitigated area (including efforts to recover damage), the mitigated area of punishment (including efforts to recover damage), and the second crime (crime) in the mitigated area (one month to eight months) in the mitigated area (one month) in the mitigated area (one month to eight months) (a person subject to special mitigation) [the scope of the recommended punishment] in the mitigated area (one month to one month) in the mitigated area (one month to eight months), where the degree of assault is minor (a person subject to special mitigation] in the mitigated area (Article 1,6, and seven types).

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