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(영문) 서울중앙지방법원 2020.11.23 2020고단2534
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 18:20 on April 1, 2020, the Defendant entered the “D restaurant” operated by Jongno-gu Seoul Metropolitan Government Victim C (Y, 50 years of age) and obstructed the victim’s restaurant business for about 20 minutes, such as: (a) he was under the influence of alcohol to prevent the victim; (b) but the victim was denied by stating that “the victim was under the influence of alcohol; and (c) the victim was different from the following; and (d) he was able to collect the ebbbbbbbbbb in the restaurant while taking the bath, and attempted to collect the ebbbbrance with the table, and thereby interfered with the victim’s restaurant business by force.

Summary of Evidence

Defendant’s legal statement

C Application of each investigation report (Evidence List No. 7, 9, 10) to the police statement of C

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is against the Defendant’s confession of the instant crime, and the Defendant committed again the instant crime even though 40 or more criminal records were committed, such as punishment under the suspension of the execution of imprisonment for violent crimes, etc. In addition, the Defendant’s character and behavior and environment, motive, means and consequence of the instant crime, circumstances after the commission of the crime, and criminal records, etc. shall be determined as ordered by taking into account all the factors revealed in the present arguments,

Public Prosecution Rejection Parts

1. On February 3, 2020, the Defendant: (a) requested the victim F (ma) who talks with the victim who talks with a large sound within the guest room from 1st head of the Seoul Gyeongnam-gu, Busan, Busan, Busan, and the Etraced with a large sound; (b) however, the victim continued to talk with the victim's face by making a breath with a defect in the telephone conversation, and f2 years old; (c) the victim's face was flicked one time with a bad hand; (d) the victim's snow part of the victim's left eye with a bad finger, and assaulted the victim by pushing the victim's chest part with a two hand.

2. Determination shall be made by the victim.

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