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(영문) 창원지방법원 통영지원 2015.12.16 2015고단903

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 03:50 on May 9, 2015, the Defendant obstructed the business of the victim’s convenience store business by force, and by force, interfered with the victim’s convenience store business operation at the E-point of the victim’s operation D, which was placed at the entrance of the convenience store without any justifiable reason, by generating garbage, while under the influence of alcohol, throwing away as it did with the goods in the convenience store.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.) caused the victim F (21 years of age) who is an employee of the convenience store to the police on the ground that he reported the victim’s face to the police. In drinking, the Defendant: (a) 5 times the victim’s face face, etc.; (b) tightly, a dangerous article (120cm in length, 2.5cm in diameter) which is a dangerous article adjacent to the waste tank in front of the convenience store; (c) 3 times the victim’s shoulder shoulder; and (d) 2.5cm in length the victim’s face and head part by following the victim who is under way, and caused the victim’s injury, such as damage to the victim’s face and head part necessary for two-day medical treatment.

3. The Defendant damaged goods for public use at the above date, at the above place, and at the above F’s time, destroyed goods used by public offices by destroying the front glass of the G patrol vehicle managed by the police box of the Tongyoung Police Station, which was dispatched to the scene after receiving a report on the assault related to the assault from the said F, one time as a drink, so that the repair cost would amount to 240,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each investigation report (CCTV image CD, each photograph, and the cost of repairing public goods);

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

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 314 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 141 (1) of the Criminal Act (a point of damage to public goods and choice of imprisonment);

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

1. Article 53 of the Criminal Act for discretionary mitigation.