(영문) 서울남부지방법원 2015.09.24 2015고단2633

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자간(%)

(영문) 서울남부지방법원 2015.09.24 2015고단2633

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant had been subject to a disposition of fine several times from September 2014 to May 2015, 2015, on the F convenience store located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the spouse of the Defendant: (a) and (b) have avoided disturbance or committed assault against the victim, etc. on several occasions.

At around 11:20 on June 15, 2015, the Defendant committed assault against the victim by bringing the victim’s hand, leading the victim to knife, knife, knife, knife, knife, knife, etc., while entering the above convenience store.

"2015 Highest 3281"

1. From around 10:30 on August 8, 2015 to 10:50 on the same day, the Defendant interfered with business, at the F convenience store operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) expressed the victim, etc. before the convenience store; (b) expressed the victim, etc. in front of the convenience store; and (c) expressed the victim, on the ground that he was not well-beingd, the Defendant took a bath to the victim, such as “satisfe and grow up” on the ground that he was placed in front of the convenience store; and (d) laid the fruit displayed in front of the above convenience store by force, thereby obstructing the victim’s operation of convenience store.

2. The Defendant: (a) reported the disturbance to the police by the victim D (the age of 45) while avoiding the disturbance as above; and (b) taken screen pictures by the employees of the convenience store using mobile phone camera, the Defendant committed assault against the victim at the time, at the same time and place as in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C or D;

1. The Defendant’s assertion of mobile phone screen images and CCTV screen images through his defense counsel, and the assault that he exercised against the victims is committed by the victims who interfere with his screen screen business.

유사 판례

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