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(영문) 수원지방법원 안산지원 2014.05.20 2014고단427
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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. Around 01:05 on December 30, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.). Around 01:05, the Defendant talked with the victim E (the age of 36) in a Mad’s Mad’ restaurant located in optical-si, such as the victim E (the age of 36), and talked with the victim, on the ground that the victim was at the time of the head of the victim’s head due to his/her son’s hair, he/she took care of the victim’s head, and took care of the victim’s head, and took care of the victim’s head with his/her right-free kne, and then opened the victim’s eyebrow on the left-hand side of the treatment day, such as the victim’s eye on the left-hand side of the treatment day.

2. On December 30, 2013, from around 01:05 to around 01:15 of the same day, the Defendant: (a) at the “D restaurant” under paragraph (1) of the same Article operated by the Victim F from around 01:05 to 01:15 of the same day, the Defendant collected a water reservoir on the table table; (b) damaged the victim’s property worth KRW 290,000 in total; and (c) interfered with the victim’s restaurant business by force by force by other customers in the same place.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Each police statement to F, G, and E;

1. Written estimate;

1. Assaults, photographs, etc. of the upper part and the upper part of the photograph;

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 12 pages);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of causing damage to a deadly weapon), Article 314 (1) of the Criminal Act (the point of interfering with business and the choice of imprisonment) concerning the crime;

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. Article 62(1) of the Criminal Act on the suspension of execution

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