폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 30, 2014, from around 23:40 to January 0, 2010, the Defendant obstructed the victim’s indoor packaging business by force by allowing the customers to leave the above indoor packing horse, thereby obstructing the victim’s indoor packing business by force. In short, the Defendant: (a) while drinking alcohol at “F”, which is the interior packing horse operated by the victim E in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) the Defendant, on his own initiative, took a bath; (c) the beer’s disease was laid on the customer’s door; and (d) the Defendant, on his own initiative, took a bath to other customers who are sitting in the next customer; and (d) took a bath to other customers; and (e) the Defendant interfered with the victim’s indoor packing business.
2. Around 00:10 on January 31, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) followed by the victim G (59 years of age) who entered the above interior packing machine at the victim’s request of the Defendant’s aid to the end of the disturbance, thereby leaving the Defendant’s horse and the beer who was his/her table in his/her hand and broken the beer, and then leaving the shoulderer who is a dangerous object on his/her face and part of the victim’s neck, and then leaving the beer’s neck. As such, as kniff ff in the part of the victim’s neck, the victim’s neck cannot be identified.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to E and G;
1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Business Affairs, Selection of Imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Although the suspended sentence is not good in view of the motive, circumstance, method, etc. of each of the instant crimes, the Defendant’s mistake is recognized.