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(영문) 수원지방법원 성남지원 2015.12.18 2015고단2348

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 of the final judgment.

Reasons

Punishment of the crime

1. Around July 10, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) found the victim D (here, 64 years of age) under the influence of alcohol in the “Ecafeteria” operated by the victim D (here, 64 years of age) located in the Hanam-si, and requested the victim to provide alcohol. However, the victim was able to undergo alcohol only on the ground that he/she was an “Abreathely under the influence of alcohol.” On the ground that the victim was “Abreathely under the influence of alcohol,” the victim was her head and her head were flicker on the table once, and the victim was flicked with the beer’s disease facing the victim, and was inflicted an injury, such as

2. On August 18, 2015, the Defendant, at around 21:30, 2015, expressed the victim D’s desire to “Ecafeteria” on the ground that the victim D would not drink alcoholic beverages to the Defendant, and carried a pedal, such as gathering an empty beer’s disease on the floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site 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 and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Persons who are specially mitigated in the mitigated area (one year and six months to two years) of crimes under subparagraph 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Bodily Injury): No penalty surcharge shall be imposed;

(b) Scope of recommendations for second crimes (Interference with Business): Type 1 (Interference with Business) (Interference with Business), which is the basic area (from June to June).