beta
(영문) 서울북부지방법원 2015.04.17 2014고단4703

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

except that 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. Around 00:10 on December 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) stated that he/she expressed a bath to the victim E (Nam, 37 years of age) at the main point of “D” located on the first floor of Nowon-gu Seoul Special Metropolitan City, Nowon-gu, for the reason that he/she expressed a bath to the Defendant’s female-friendly job offers F who had the same alcohol as the victim, he/she saw the face, etc. of the victim as a drinking. At the same time, on the ground that he/she taken a bath to the Defendant’s female-friendly job offers F who had the same alcohol, the Defendant sawd the victim’s face, etc. on the face of the victim, who was a dangerous thing on his/her table, caused the victim’s hair to the head part of the victim’s disease

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. At the time and time indicated in the above paragraph (1) above, the Defendant was unable to avoid disturbance by: (a) having the consignee in the process of exercising violence by causing injury to E, such as causing injury to E from the main points indicated in the above Paragraph (1) operated by the victim G (n, 49 years of age); and (b) having the relevant supervisor’s inside, etc., falling down to the floor, such as making him/her bed away from the floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes of photographic pictures and field photographs taken of the damaged part;

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

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. Crimes 1 (Violation of the Punishment of Violences, etc. Act) for the reason of sentencing under Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (Scope of Recommendation), habitual injury, repeated injury, injury by special injury;