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(영문) 수원지방법원 안산지원 2014.11.05 2014고단1836

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

except that 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

1. Around May 25, 2014, the Defendant violated the Punishment of Violence, etc. (Assaults, Deadly Weapons, etc.) against the Victim C (hereinafter “A”) committed an act of assaulting the Victim on the ground that the Defendant was bad when one of his/her employees C asked at the check that “E” restaurant located in optical-si D, one of which was paid by his/her employees for the settlement of meal costs, the Defendant was cut off on the ground that he/she would be bad, and that he/she would throw away the bamboo, and that he/she was collected as a dangerous object that was a dangerous object adjacent to the said restaurant, and committed an act of assaulting the Victim by carrying a dangerous object.

2. The Defendant, in violation of the law regarding the punishment of violence, etc. against the victim F (injury by collective action, deadly weapons, etc.) committed an act of violence, etc. (hereinafter “victim”) at the time and place specified in paragraph (1), and at the time and place, the Defendant, by gathering the knife (25 cm in total, 15 cm in length) and the knife (19.5 cm in total, 30 cm in length, 19.5 cm in total) of the knife in the knife and the knife (19.5 cm in length) of the knife in the knife and knife in the knife, carried the knife and knife, carried the dangerous things with the victim and inflicted an injury on the victim for treatment days.

3. The Defendant interfered with the business of interfering with the business of the victim’s restaurant operation by avoiding approximately 20 minutes of the disturbance as above at the above restaurant operated by the victim G, and by force, interfered with the victim’s operation of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Each statement of H and I;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each photograph (No. 5,6,7) (Evidence List);

1. Article 3 (1), Article 2 (1) 1, and 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment of Violences, etc., and Articles 257 (1), 260 (1), and 314 (1) of the Criminal Act (Appointment of imprisonment with prison labor for a crime of interference with business);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The defendant under the influence of alcohol under Articles 53 and 55(1)3 of the Criminal Act.