폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 22:20 on April 4, 2015, the Defendant: (a) demanded that the victim C (the 59-year-old) in the operation of the victim C (the 59-year-old) located in the Busan Seo-gu (the 59-year-old) return the money that he had been given as the object of payment for business obstruction to the victim; (b) had a dispute with the victim; (c) was sprinking the victim’s ebbbbbling with both hand; (d) the victim’s ebbial part was sponsed; (c) the victim’s ebbbage was sponsed with the victim’s ebbbbage, which is a dangerous object by taking the flab in the cooling-gu, the victim’s ebbbage was cut at one time; and (d) the said ebred with the victim
In this respect, the defendant carried dangerous objects and assaulted the victim.
2. The Defendant destroyed and damaged property by leaving the victim’s 5 bottles, and beer 4 bottles on the floor by leaving the victim’s 27,000 won, which were the victim’s possession in the cooling house of the above main point, while assaulting the victim C at the time and place described in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Written estimate;
1. Application of Acts and subordinate statutes to report on investigation (part of damage, photograph of the scene of crime);
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects) and Article 366 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 crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is committed on the grounds of suspended sentence, and the crime of this case is very serious that the defendant, who has been punished twice for the same kind of crime, assaults the victim with a fluoral disease, etc. which is a dangerous object, and damages the victim
However, there is a consensus that the defendant has agreed with the victim as against the victim.