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(영문) 대전지방법원 천안지원 2014.04.18 2014고단97

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, in a de facto marital relationship with the victim C (n.e., 52 years of age) and D in the Dongnam-gu, East-gu, Dongdong-gu, with a frequent dispute with the said victim due to the occurrence of the enemy, etc. On November 30, 2013, the Defendant raised a dispute over the victim and the money problem, and tried to close a restaurant by leaving the above restaurant and leaving the phone to the victim, and to look at the above restaurant, even though the victim stated to the effect that he would not close the restaurant, the Defendant was able to look at the above restaurant by driving the vehicle that the victim would not close the restaurant.

On November 30, 2013, at around 18:35, the Defendant: (a) driven a F cattle or another car, a dangerous object under the influence of alcohol in the said restaurant; (b) obstructed the entrance of the said restaurant; (c) obstructed the entrance of the said restaurant; and (d) damaged the entrance door owned by the victim G to the entrance of the restaurant; and (c) attempted to inflict an injury on the said victim H (38 years of age) and I (45 years of age) at the said restaurant, but the victims were forced to move the said restaurant to another place while driving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to C and J;

1. Each self-statement of H and I;

1. Application of statutes on site photographs;

1. Articles 6, 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of attempted bodily injury), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on a violation of the Punishment of Violences, etc. Act (a collective crime, an injury by a deadly weapon, etc.), and a violation of the Punishment of Violence, etc. Act against C with the largest criminal situation of a victim C);

1. Selection of each sentence of imprisonment;