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(영문) 대구지방법원 2015.07.16 2015고단2334
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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.

Reasons

Punishment of the crime

1. On April 15, 2015, from around 00:40 to around 1:20 of the same day, the Defendant obstructed the victim’s bar business by force by avoiding disturbance, such as making four customers, who were in the main points of the instant area, from the victim D’s “E” store operated by Daegu Dong-gu, by the victim D, who spits spiting down the bed on the floor, and throwing the bed disease on the floor, leaving the bed, and cutting the bed disease on the floor, leaving the bed, leaving the bed swed away from the floor, thereby obstructing the victim’s bar business business by force.

2. Around April 15, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective weapons, deadly weapons, etc.) (hereinafter referred to as “E”), at the “E” point operated by the victim D (the 40 years of age) as indicated in paragraph (1) above, spiting the victim’s floor against the victim’s spiting of spiting the victim’s floor, booming the victim’s face once, making the victim’s bating bat, making the victim’s batf, making the victim’s bat, and causing injury to the victim’s left hand knife with a knife, which is a dangerous object, once the victim’s knife of treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs);

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 and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

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. The reason for the sentencing of Article 62(1) of the Criminal Act in the suspended sentence [the scope of the recommended sentence] is general injury (the general injury) of Article 62(1) of the Criminal Act, where a person commits a crime by carrying the basic area (4 to 1 year and 6 months) of the punishment (the special person], a deadly weapon, or other dangerous articles (the type 1).

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