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(영문) 수원지방법원 안양지원 2013.11.08 2013고합182
폭력행위등처벌에관한법률위반(상습폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Criminal facts

Defendant

On November 15, 2012, an applicant for medical treatment and custody (hereinafter referred to as "defendant") was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Suwon District Court on November 15, 2012, and the judgment became final and conclusive on November 23, 2012, and has a total of 24 times violent crimes, including those during the period of suspension of execution.

1. Around 22:00 on March 9, 2013, the Defendant interfered with the business of the Defendant: (a) while drinking mixed alcoholic beverages in the “E” Raba Pack, which was operated by the victim D(55 years of age) of the Manan-gu Mabac, the Defendant: (b) carried out the mixed alcoholic beverages at the stage, without any justifiable reason, tightly tightly shielded by cutting off the microphones of the customers who singing on the floor; (c) broken up two beer bottles on the floor of the table; and (d) marchinging against other customers, the Defendant sing up one-hour large volume of alcoholic beverages by smoking.

As such, the Defendant interfered with the victim’s carpet operations by force.

2. The Defendant violated the Punishment of Minor Offenses Act at the same time and place as set forth in paragraph (1) and at the same time and place, the said victim did not pay a certain value without justifiable grounds after drinking beer and beer.

3. On March 11, 2013, the Defendant violated the Punishment of Violences, etc. Act (Habitual assault) at around 21:40, 2013. On the other hand, the Defendant re-explosived the same place as the one mentioned in paragraph (1) from the victim D (the age of 55) who had been engaged in other events on the stage without any reason, while under the influence of alcohol and lacking the ability to discern things or make decisions, and took one-time bucks of the victim’s right-hand bucks due to the Defendant’s right-hand slope.

As such, the Defendant habitually assaulted the victim.

The defendant who is the cause of medical treatment and custody shall either discern things or make a decision under the influence of alcohol.

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