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(영문) 인천지방법원 2015.03.19 2015고단717

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2012, the Defendant was sentenced to three years of suspension of execution on August 7, 2012 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Incheon District Court, and the said judgment became final and conclusive on December 7, 2012 and is currently under suspension

【Criminal Facts】

1. On February 5, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) around 22:45, at the main point of “E” in the “E” operated by the victim D (the age of 53) in Seo-gu Incheon Seo-gu, the Defendant heard the victim’s speech to the effect that he/she only drinks from the victim and drinks him/her to drink and house him/her, thereby facing the victim’s left part of the victim’s blue.

Accordingly, the defendant abused the victim by using dangerous things.

2. The Defendant ordered alcohol, alcohol, etc. while doing so as to pay the victim D’s normal drinking value, etc. at the date, time, place, etc. described in paragraph (1).

However, the defendant had only 3,250 won at the time, and there was no intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.

The Defendant, as above, by deceiving the victim, received from the victim an alcoholic beverage and an alcoholic beverage equivalent to the total market value of KRW 55,000, in the face of the victim.

3. The Defendant interfered with business, at the time and place indicated in paragraph (1), was able to take a sound, such as “at least once a chill is added to a catum,” on the ground that the victim D does not sell more alcohol. As seen above, the Defendant prevented customers who want to enter the place to avoid a disturbance of about 30 minutes, such as gathering beer diseases toward the victim, etc.

Accordingly, the defendant interfered with the victim's bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Micker photographs, damaged photographs, etc.;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification, etc. of the same kind of power);