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(영문) 부산지방법원 2013.12.10 2013고단4535
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 25, 2008, the Defendant was sentenced to four years of imprisonment with prison labor for murder in Busan District Court, and completed the execution of the sentence on February 28, 2012.

1. Around 13:40 on April 4, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) : (a) while drinking alcohol together with the victim E (57 years of age) at a D restaurant located in Northern-gu Busan, Busan, on the ground that the victim does not drink alcohol; (b) he saw an empty beer who was on the table table with the victim to the table table; and (c) saw the victim's left part of the victim's body with a beer who is a dangerous object; and (d) put the victim into physical fighting with the victim one time with his chest and face one time with the victim's left part of the left part of the left part where it is impossible for the victim to know the number of days of treatment.

2. The Defendant interfered with the business of the victim F, who operates the said D cafeteria at the time, at the time, at the place in the preceding paragraph without any special reason, and obstructed the victim’s business by force by avoiding disturbance, such as destroying the beer and beer’s disease while disputing the Defendant’s future E.

Summary of Evidence

1. Each legal statement of witness F, G, and E in part;

1. Statement made by the prosecution against F and E;

1. Each police statement made to F, G, H, I, and J;

1. The actual condition survey report;

1. 112 Report/handling lists, and the receipt and handling of accidents;

1. Report on internal investigation (Visits);

1. Investigation report (the counter investigation of the doctor in charge of treatment, etc. and the doctor's K phone statement);

1. Diagnosis and treatment sets;

1. Before judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; and Article 314 (1) of the Criminal Act concerning the crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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