Text
A defendant shall be punished by imprisonment for not more than ten 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 09:30 on May 4, 2018, the Defendant assaulted the Victim C (44 cm in length) with a dangerous object prior to holding the Victim C (11 cm in the New Blue Park, which was located in the 57-gil 31, Yongsan-gu Seoul, Yongsan-gu, Seoul, on at least 10 occasions without any reason.
The Defendant, from June 17, 2018 to June 18:17, 2018, 2018, the Defendant, “F” restaurant operated by the victim E in Mapo-gu Seoul Metropolitan Government, i.e., “induction of tax to the value of the money”, i.e., “induction of tax to the value of the money,” and the victim’s demand to leave the restaurant, and there is no good thing.
knife knife.
I wish to do so;
B. In short, it interfered with the victim's restaurant business by force by avoiding disturbance, such as passing noise.
Summary of Evidence
"2018 Highest 1950"
1. The legal statement of the witness C;
1. A protocol of seizure and a list of seizure;
1. The CD;
1. The defendant's act cannot be seen as passive defensive act in light of the following facts: (a) the defendant's act under subparagraph 1 of the No. 1 of the No. 1 was acknowledged before the victim assaulted the defendant on a steel mons; and (b) the circumstances and methods of the above fact and the assault.
Therefore, the defendant's assertion that the defendant's act constitutes legitimate defense is without merit.
"2018 Highest 2162"
1. Legal statement of witness E;
1. Application of the video CD-related Acts and subordinate statutes
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 suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act that is disadvantageous to the defendant: although the defendant committed several violent crimes even before the crime of this case, it is dangerous even though he committed several violent crimes.