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(영문) 제주지방법원 2015.05.20 2015고단251
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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. On December 7, 2014, at around 20:30, the Defendant obstructed the Defendant’s business, at the victim D (the 55-year-old ran bar operated by the victim D (the 55-year-old Ga) located in Jeju Island, the Defendant was unable to avoid disturbance for about 15 minutes by putting the beer’s disease on his hand, which was laid on the table table, with the victim’s labbbing of the tebbb, which caused the defect that the victim could not cause any injury.

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

2. The Defendant violated the Punishment of Violences, etc. Act (a collective violence with a deadly weapon, etc.) brought a beer’s disease on the table and at a place specified in the above paragraph (1) above, and broken it by putting him/her on a tables, and immediately following the sprinking, making it fit for the head and state of the victim F (ma, 54 years old) who was seated next to him/her, and continued to be in danger of having the beer’s disease faced with the victim’s neck.

Accordingly, the defendant assaulted the victim of dangerous objects with beer disease.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of damage incurred in preparing D;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Business Affairs, Selection of Imprisonment), Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning facts constituting an offense (a point of violence against carrying dangerous articles);

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

1. Article 62 (1) of the Criminal Act;

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act, the following factors are considered: (a) the scope of recommendation, sentence (the group of violent crimes, assault crimes, the type 6 (Habitual Offense, Habitual Assault), the basic area, the term of imprisonment from June to October 1), and the normal circumstances favorable to the determination of the sentence as stated in the disposition: (b) the facts of crime are recognized and reflectd; and (c) the victims and the victims

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