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(영문) 서울남부지방법원 2014.06.19 2014고단1627
폭행등
Text

A defendant shall be punished by imprisonment for six months and a fine of 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

around 09:30 on April 19, 2014, the Defendant assaulted the Victim’s Ba on one occasion on the ground that the Victim C (V, 63 years of age) is being separately collected at the waste separation and removal site for B apartment houses in Gangseo-gu Seoul Metropolitan Government.

"2014 Highest 1945"

1. On May 24, 2014, at around 22:10, the Defendant interfered with business, on the road located in Yeongdeungpo-gu Seoul Metropolitan Government “E Hospital”, and on the ground that the victim G operating a F private taxi refused the Defendant’s boarding, the Defendant interfered with the victim’s taxi business by force by avoiding a disturbance of about 15 minutes, such as lying on the front of the said taxi and taking a bath, and preventing the victim from moving the taxi.

2. The Defendant violated the Road Traffic Act, at the time and place of the foregoing paragraph (1) above, recommended the Defendant to return home, a police officer, who was called out after receiving the said victim’s 112 report, to return home, and was able to take place in a way that obstructs the traffic between about five minutes between the first and the second lanes of the said road.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. G statements;

1. A report on the occurrence of violence;

1. Application of the Acts and subordinate statutes governing site photographs which the suspect takes on the road;

1. Relevant provisions of Article 314 (1) or 260 (1) of the Criminal Act concerning the facts constituting a crime, subparagraph 4 of Article 157 of the Road Traffic Act, or Article 68 (3) 2 of the Road Traffic Act;

1. Selection of each imprisonment with prison labor and a fine for the violation of the Road Traffic Act with respect to the selection of punishment, interference with business and assault;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 3, and 50 of the Criminal Act (the punishment shall be increased by the penalty stipulated for the crime of interference with business heavier than the punishment, but the maximum term of each crime shall be aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution of sentence Article 62 (1) of the Criminal Act (All circumstances, such as the confession of a criminal act and his/her mistake is divided, and the degree of the crime is relatively minor);

1. Probation shall be not less than the main sentence of Article 62-2 (1) and (2) of the Criminal Act;

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