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(영문) 인천지방법원 2014.08.21 2014고단4890

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 13:00 on July 10, 2014, the Defendant interfered with the business of the Defendant interfered with the victim’s restaurant, “E” operated by the victim D (year 54) located in Seo-gu Incheon, Seo-gu, Incheon, wherein there are G, which is the victim’s wife F and the seat of the victim, “Ign, Ign, Ign, Ign, Ign, Ign, Ign, Ign, Ign., so that the Defendant interfered with the victim’s restaurant business by force, thereby preventing customers from entering the restaurant.

2. On July 10, 2014, at around 18:00 on the same day, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.), at around 18:00 on July 10, 201, the Defendant: (a) carried a beer ker knife (8.5 cm in length, 6.5 cm in length) and a knife (30 cm in length) with one knife (6.5 cm in length) and one knife (30 cm in length); (b) carried the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Duties, Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (including the fact that the victim has agreed smoothly with the victim; Article 62 (2) of

1. Social service order under Article 62-2 of the Criminal Act;

1. The part concerning the dismissal of prosecution under Article 48 (1) 1 of the Criminal Act

1. The summary of the facts charged is around 18:00 on July 10, 2014.