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(영문) 의정부지방법원 2016.01.18 2014고단2378

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 16, 2013, the Defendant: (a) called tobacco smoking in the D cafeteria operated by Da Government-si B around 08:30 on July 16, 2013; (b) the victim E (n, 20 years of age) and the victim F (n, 19 years of age); (c) the beer’s disease, which is a dangerous object, was collected to the victim E; (d) the bucker, which is a dangerous object, was bucked to the victim E; (e) the bucker, which was frighted to the victim F; and (e) the part of the victim E, which was f the bucker that was frighting to the victim E.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

2. On the grounds stated in the foregoing paragraph 1, the Defendant was unable to avoid a disturbance for about 30 minutes by taking advantage of the same reason, such as taking and taking a bath for beer and beer disease, etc.

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

3. The Defendant, at the time and place of the above paragraph 1 above, collected materials on the tables such as beer and beer’s disease, caused them to cover the air conditioners owned by the Victim C, and caused them to fall into the floor by cutting off gas bags on the tables.

Accordingly, the Defendant damaged air conditioners to repair the amount of KRW 100,000,00, and damaged gas sirens equivalent to KRW 110,000.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made with respect to C, E, and F;

1. G statements;

1. A report on investigation (in-depth CCTV analysis) and a report on investigation (in-depth forwarding of a quotation);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) (a) of the Criminal Act (a point of violence against carrying dangerous articles), Article 314 (1) of the Criminal Act (a point of interference with business), Article 366 of the Criminal Act (a point of interference with property damage) of the Criminal Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;