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(영문) 춘천지방법원 2015.06.11 2015고단392
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2015, from around 01:00 to around 01:40, the Defendant interfered with the operation of entertainment tavern by the victim D, “E” operated by the victim D, Gangwon-gun, Gangwon-gun, for reasons that the weather conditions filled with the Defendant at the “E” entertainment entertainment drinking house (hereinafter “E”), connected with other tables. During entering the victim’s port, the Defendant interfered with the operation of entertainment tavern by force of the victim, such as: (a) the F.D., which was on different tables, and F.D., who was on other tables; (b) the Defendant, who was holding the phone, card terminal, physical disease, etc. kept in the said main points, was unable to enter the said entertainment drinking house; and (c) continuously, even after leaving the main entrance, the Defendant interfered with the operation of entertainment tavern by force by force of the victim.

2. The Defendant in violation of the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) heard the victim D (the age of 27)’s words “the low person is also at the time and place of inspection, and the victim d(the age of 27).” Then, the Defendant got out of the victim, and then, at the same time and place of the victim d(the age of 27), followed up the following: (a) the last day of the last month, a dangerous object on the main outer wall, the victim’s head, the victim’s head was “a dual open address,” etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to G, H, I, and J;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 314 (1) of the Criminal Act, Article 314 (1) of the Punishment of Violences, etc. Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of punishment by imprisonment;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Social service order under the Criminal Act;

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