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(영문) 인천지방법원 2015.11.11 2015고단5215

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 24, 2015, at around 13:30, the Defendant: (a) performed roof construction works along with the victim D, who was a human tester, on the roof of Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, with the victim D on the ground that the victim did not pay daily allowances; and (b) damaged the victim’s 400,000 won of the market price, which was the victim’s possession, by cutting three water tanks to the next floor.

2. Around 22:40 on June 14, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) committed a victim H (the age of 66) who was aware of the F’s G main points located in Bupyeong-gu Incheon Bupyeong-gu to Pyeongtaek-gu Nannana, would make a speech without any grounds against the Defendant, thereby causing a bodily injury caused by the victim’s breath, who was at the victim’s head while under the influence of alcohol, was at the victim’s head and was at the victim’s head and was at the victim’s breath of treatment days.

3. The Defendant interfered with business by assaulting H at the date, time, and place described in paragraph 2, such as the date, time, and place described in paragraph 2, and allowing its women to protruding to a restaurant and take a bath in a large amount continuously, thereby obstructing the victim F’s bar business by force by avoiding the disturbance for about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) An act under Article 366 of the Criminal Act;

(b) An act referred to in Article 2 of the judgment: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

(c) Acts of holding No. 3: Article 314(1) 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. The reason for sentencing under Article 62(1) of the Criminal Code (the conditions favorable to the reasons for sentencing below) is the same after 1986.