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(영문) 창원지방법원 통영지원 2015.06.19 2015고단388
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2014, the Defendant was sentenced to the suspension of the execution of two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., by a deadly weapon, etc.) at the Changwon District Court’s branch branch on August 29, 2015, and the judgment

【Criminal Facts】

1. Around November 16, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) performed alcohol with F along with E main points located in D at D on November 21, 2014, and carried out two strings where the victim G (53 years of age) who was the customer at the above main points of the invasion was singing, on the ground that the victim G (53 years of age) was singing out, while drinking together with F and doing so with F, it was not good.

2. On November 16, 2014, at around 21:00, the Defendant interfered with the business of the victim’s main business by force of about 10 minutes, i.e., the victim’s main business, by viewing the strings that occur on the tables, which were caused by the seat where the Defendant was seated.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Returning of on-site photographs, diagnostic certificates, photographs before main points, and the state of damage;

1. Previous convictions: The application of criminal records and investigation reports (referring to attachment of judgment of suspension of execution of sentence) and statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Carrying lethal weapons;

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