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(영문) 춘천지방법원 강릉지원 2013.09.11 2013고단381

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) Defendant is an open space, which is a dangerous object for whom the Defendant was making a rupture while drinking alcohol from the victim D (V, 55 years old) operated by Gangnam-si C on May 27, 2013, while drinking alcohol from the victim D (V, and 55 years old).

He collected Sick.

At this time, the victim D, the owner of the business, intends to speak it.

It is a defectr in order to deprive Sick.

D head of the victim D, and the victim G (the age of 53) who was the first driver of F was faced with the shoulder.

Accordingly, the defendant assaulted victims of dangerous articles.

2. On May 27, 2013, from around 22:30 to around 00:10 on May 28, 2013, the Defendant obstructed the victim’s business by force by force on the grounds that the victim D and F, the customer, were able to assist the Defendant, as described in paragraph (1), on the ground that the victim D and F, the customer, were able to assist the Defendant, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute on the statement by police to H, F, I, G, and D;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (a point where a person commits an assault against carrying dangerous articles) of the same Act and Article 314 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment provided for in the Punishment of Violences, etc. Act against Victims D with the largest punishment and punishment for concurrent crimes];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation reflects the Defendant’s wrongness, the victims and the Defendant agreed smoothly, the Defendant has no particular power other than the one-time fine, and the Defendant committed the instant crime with a contingency in the laver.