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(영문) 인천지방법원 2014.10.29 2014고단6307

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. On April 12, 2014, from around 22:30 to 23:20 of the same day, the Defendant interfered with the business of the victim’s main shop by force, such as: (a) within the “E” operated by the victim D in Seo-gu Incheon Metropolitan City from around April 12, 2014 to around 23:20 of the same day; (b) the Defendant, while under the influence of alcohol, made a defect that the victim would not sell alcohol any more; (c) caused the Defendant’s drinking, and (d) caused the victim to walk the victim’s drinking, and (e) caused the victim’s desire to walk his/her drinking.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 2014. 4. 12. 23:20경 위 1항 기재 장소에서, 그곳에 손님으로 있던 피해자 F(43세)이 피고인에게 왜 욕을 하냐며 따지자 위 피해자에게 맥주병을 던지고 뺨을 때린 뒤 맥주병을 들어 피해자의 머리를 내리치고 피해자가 이를 피해 호프집 밖으로 도망가자 피해자를 쫓아가 피해자의 머리를 발로 걷어찼다.

As a result, the Defendant carried dangerous articles with the victim and inflicted injury on the victim, such as cerebral salin, sallle, sallle, tension, etc. requiring medical treatment for about ten days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object) and Article 314 (1) of the Criminal Act (the occupation of interference with business and the choice of imprisonment) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) (1 year and six months to two years) (1 year and six months) of the mitigation area (1 year and six months to six months), shall not be punished within the scope of the recommended sentence;

2. The crime of this case, the sentence of which is to be declared, is not the nature of the crime, nor the sentence.