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(영문) 인천지방법원 2015.09.10 2015고단4346

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on May 26, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.), while drinking alcohol together with the Victim F (48 years of age) at E main points in Seo-gu Incheon, Seo-gu, Incheon, the Defendant took a beer’s disease, which is a dangerous object on the table of the victim’s horse, with his/her hand, and continued to set the head of the victim’s body one time, and booms the shoulder of the victim’s shoulder at one time.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires treatment for about two weeks.

2. On May 26, 2015, the Defendant: (a) around 00:10 on May 26, 2015, the Defendant obstructed the Defendant: (b) obstructed the Defendant, at the instant E main shop operated by the Victim G, caused the disturbance of the Defendant, such as: (c) thrown the fat and the cating of drinking together with the cats attached with the catf; (d) thrown the cat of the site, and destroying the cat of the cats

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A photo of the damaged body, site, etc.;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of inflicting an injury on a group of deadly weapons, etc.), and Article 314 (1) of the Criminal Act (the point of interfering with business, the choice of imprisonment with prison labor) concerning the crime;

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. Although the suspended sentence of Article 62(1) of the Criminal Act has the same record of sentencing, the victims of injury to persons related to ex post facto distribution have agreed smoothly with the victims of injury to the victim, and the victims of obstruction of business have not been punished for a certain period of time. It is so decided as per Disposition by taking into account the fact that the crime of this case is recognized and has been detained and has