폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
A defendant shall be punished by imprisonment for not less than one year and six months.
All of the prosecutions against each of the charges of this case are dismissed.
Punishment of the crime
[2013 Highest 1834] The Defendant was sentenced to six months of imprisonment for an injury at the Changwon District Court on April 16, 2010 and completed the execution of the said sentence on August 12, 2010.
On June 16, 2013, the Defendant: (a) around 03:10 on June 16, 2013, when the victim D (n, 56 years of age) fested with drinking and drinking at 207 studs of the “E” entertainment tavern operated by the victim D (n, 56 years of age) , the Defendant: (b) told the victim that “I will drink alcohol; (c) the victim would drink the remaining alcohol on the table; (d) the victim did so; and (e) the victim did so; and (e) the victim did so by gathering the beer’s disease, which is a dangerous object on the table, on one occasion; (e) the victim’s right side side and continuously unloaded the table, and (e) caused the victim to have approximately two weeks of the victim’s left side, etc., and (e) caused the victim’s injury to the victim, such as an internal part, and the part of the other part of the body.
[2013고단3229] 피고인은 2013. 9. 26. 04:10경 김해시 F에 있는 피해자 G가 운영하는 ‘H’식당에서, 음식이 맛이 없다는 이유로 피해자에게 "야이 씨발년아, 이 개 같은년아, 호로년이"등의 욕설을 하면서 테이블에 끓고 있는 전골냄비를 엎는 시늉을 하면서 약 40분 가량 욕설을 하고 소란을 피워 위 식당에 들어오려던 손님들이 들어오지 못하게 하였다.
Accordingly, the defendant interfered with the victim's restaurant business by force.
Summary of Evidence
[2013 Highest 1834]
1. Partial statement of the defendant;
1. Each police statement made to D or I;
1. A written diagnosis of injury;
1. Each photograph;
1. Previous convictions in judgment: Current status of personal identification and confinement;
1. Partial statement of the defendant;
1. The police statement concerning G;
1. Application of each statute on 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 3(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).