beta
(영문) 수원지방법원 2013.07.25 2013고단2384

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) inflicted an injury on the victim during treatment days by taking a beer disease, which is a dangerous object on the table, in drinking alcohol together with the victim F. (the age of 49) at the “E operated by Suwon-si C D in Suwon-si, Suwon-si, and drinking alcohol together with the victim F. (the age of 49).

2. At the time and place specified in paragraph (1), the Defendant interfered with the business, as described in paragraph (1), caused the beer’s disease to wear the beer’s disease, took a bath, walking the beer’s door, walking the beer’s door, and let the customers leave the beer’s door.

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

3. On April 22, 2013, the Defendant damaged public goods: (a) around 00:10 on April 22, 2013, the Defendant: (b) took a bath to D in the H district located in Suwon-si G located in Suwon-si; and (c) took a look at the time, and damaged the above computer monitors, which are goods used by public offices, by taking a computer monitor of the amount of KRW 275,000 on his/her own head.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written estimate of damage;

1. Application of each statute on photographs;

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, Article 314 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 141 (1) of the Criminal Act concerning the

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects on his/her gender, the fact that the defendant agreed with the victims or that the damage was actually recovered);

1. Article 62 (1) of the Criminal Act (the same as the reason for discretionary mitigation);

1. Probation and community service order of not less than 62-2 of the Criminal Act;