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(영문) 광주지방법원 2014.12.18 2014고단3905

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On October 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) around October 23:15, 2014, at the main point of “D” located in Gwangju Mine-gu, the Defendant 200: (a) had been engaged in drinking and drinking alcohol on the side table of “D” while drinking and drinking alcohol; (b) had been placed on the table of the Defendant; and (c) had been placed on the table of the Defendant, and had been placed on the table of the Defendant 2. The Defendant 2:3 times left the part of the victim E (the victim 54 years old) who drinking and drinking alcohol together with the above dangerous male, and had been placed on the table of the Defendant 2 weeks in order for him/her to take care of his/her head.

2. On October 20, 2014, from around 23:15 to 23:35 of the same day, the Defendant: (a) viewed the victim F as being under the influence of alcohol at the main points specified in paragraph (1) operated by the victim F; (b) caused the disturbance of the Defendant to go away from the place; and (c) caused the customers to go away from the place, by getting the customer, such as getting the customer to a beer, and getting the customer to a beer with the head of E, who is the customer.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The scene of damage from photographs taken;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a shoulderer who obstructs the restaurant business and is a dangerous object.