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(영문) 제주지방법원 2015.08.27 2015고단798

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 00:50 on May 12, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury to the victim, such as the victim D (A. 32 years of age) at the main point of “E,” operated by the victim D (A. 32 years of age) and three persons, such as the daily f, etc., during drinking alcohol, and the victim “I am humbling to our employees,” while drinking alcohol, and the victim “I am humbling to our employees.” In addition, the victim took advantage of dangerous goods on the tables, which are on the victim’s face, caused the victim to face, resulting in the victim’s injury, such as the face requiring treatment for a period of up to two weeks, the math, etc.

2. The Defendant interfered with the business, at the above date and time and place, dump the inside and outside of the main place, and dump of the drinking branch on the table with which other customers are sitting and drinking alcohol as the Defendant’s hand, dump the remaining remains of the drinking branch above the Defendant’s hand, and dump the Defendant dump on the floor, and continued to dump the customers who had drinking alcohol outside of the main place.

Accordingly, the Defendant interfered with the main operation of a large volume victim for about one hour by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of G, H and F;

1. Relevant photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (in-depth CCTV images, etc.);

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment: Articles 3 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interfering with business and the selection of imprisonment);

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: It shall be decided as per the Disposition for the reasons under Article 62 (1) of the Criminal Act;

Areas subject to reduction of special injury due to reasons for sentencing: Non-permanent sources of punishment for June 1, 2015 ( July 23, 2015)