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(영문) 서울중앙지방법원 2014.12.03 2014고단7421

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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In the case of the first crime of the judgment of the defendant, the crime of the first (b), (c) and (2) through (5) of the judgment shall be punished by imprisonment for two (2) months.

Reasons

Punishment of the crime

[criminal power] On May 26, 1994, the Defendant was sentenced to six years of imprisonment with prison labor for special larceny, etc. at the Busan High Court; on November 2, 2000, the Seoul Central District Court sentenced to one year of night intrusion larceny; on January 17, 2013, the Seoul Central District Court sentenced four months of imprisonment with prison labor for night intrusion upon residence and larceny; on March 28, 2013, the execution of the sentence was terminated; on May 1, 2014, the Seoul Central District Court sentenced three months of imprisonment with prison labor for larceny; and on May 9, 2014, the judgment became final and conclusive on May 29, 2014, the Seoul District Court completed the execution of the sentence in the Seoul Detention District Court.

1. Interference with business;

가. 피고인은 2014. 3. 중순 19:00경 서울 중구 C에 있는 피해자 D이 운영하는 ‘E’에서 술을 마신 채 출입문을 발로 차고 들어와 출입문 앞에 서서 술과 음식을 공짜로 달라고 하면서, 피고인의 일행인 다른 노숙자 2~3명을 옆에 세워 위세를 보이고, 피해자에게 “야 술줘, 씨팔, 빨리 달란 말이야, 장사하고 싶어 새끼야, 안주면 때려 부숴 버릴꺼야. 니 마음대로 좆 꼴리는 대로 해봐라”고 욕설을 하고 소리를 지르는 등으로 소란을 피움으로써 위력으로 피해자의 위 식당 영업 업무를 방해하였다.

B. At early 12:00 on July 2014, the Defendant, at the “H” restaurant operated by the victim G in the Jung-gu Seoul Metropolitan Government F, drinked alcoholic beverages and food in front of the entrance, and expressed the Defendant’s performance on the front side of the entrance, and obstructed the victim’s instant restaurant business by force by driving a disturbance by passing through the Defendant’s noise “emulation and drinking”.

C. On July 18, 2014, around 18:00, the Defendant, while drinking alcohol in the above “H” and changing the writing and food to the front of the entrance, the Defendant was fluence by setting up 2-3 other elderly persons, who are the Defendant’s one-way, and showing that the Defendant was fluent, and sound to the victim G as “fluent and drinking.”