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(영문) 부산지방법원 동부지원 2014.07.23 2014고단848
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Fraud;

A. On May 18, 2014, the Defendant: (a) around 22:50 on May 18, 2014, 2014, the Defendant: (b) on the D taxi driven by the injured Party C in front of the Chungcheongnam-gun, Ulsan-gun, Ulsan-gun, and demanded the injured party to operate the said taxi to the UPEC district located in Busan-gu APEC in Busan-si.58.

However, the defendant did not have the intention or ability to pay the price even if he was provided with the taxi operation service from the victim due to the lack of means of payment such as cash or credit card.

Accordingly, the Defendant, by deceiving the victim and allowing the victim to operate the said taxi to the above east 60,000 won of the market, did not pay the taxi fee to the victim even though he was provided with the taxi operation service equivalent to the market price of 60,000 won.

B. On May 19, 2014, around 02:32, 2014, the Defendant was aware that there was no means of payment for food, such as cash, credit card, etc., in the “G” restaurant of the victim F operation in Busan Shipping Daegu E, and thus, it could be paid for food, even though there was no intention or ability to pay food. Accordingly, the Defendant was provided with capital reduction, etc. equivalent to KRW 12,00 in the market price from the victim.

2. Violation of the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) and interference with the Defendant’s duties on May 19, 2014, while serving meals at the “G” restaurant for the F’s operation of the Victim F, the Defendant: (a) committed assault against the said H with a dangerous object on the ground that the victim H (or the 20-year age), who served in the next table table table, was sleeped due to the Defendant’s slick, going against the said H’s left edge; (b) committed assault against the said H on the dangerous object; and (c) continuously taking a b0-minute of 20 minutes, such as a humpinginging of a brut remaining at the bottom while taking a bath, leaving the said restaurant, thereby forcing him/her by force; and (d) by force.

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