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(영문) 대전지방법원 논산지원 2016.08.30 2014고단254
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 20, 2014, at around 22:50, the Defendant: (a) assaulted the victims E (48 years of age) and F (48 years of age) of the victims who had singing in the instant stage while drunkly drinking at “D” points in the operation of C, “D”; (b) assaulted the said F in line with her hand to the said F, who had ever been imprised.

2. The Defendant damaged property: (a) at the time, at the place, as described in paragraph (1) at the same time and place, 4-5 empty beer bottles were collected, and (b) at the stage, one lighting, etc. with a view to 150,000 won in the market price owned by the victim C, which is installed at the stage, and 300,000 won in a light of its utility.

3. The injured Defendant inflicted injury on the victim C(51) at the time, time, and place specified in paragraph 1, by walking once, on the part of the victim C(51) who prevented him/her from taking one-time part, thereby causing injury to the victim, such as dump dump, tensions and tensions that require medical treatment for about 14 days.

4. The Defendant interfered with the Defendant’s business by force, by force, interfered with the victim C’s main store business operation by making the name-free customers under drinking the disturbance, such as the date and time set forth in paragraph 1, and at the place set forth in paragraph 20, who had been drinking the disturbance as described in paragraph 1.

Summary of Evidence

1. Each police statement made with respect to C, E, G, and F;

1. Partial statements made to H in the police statement protocol;

1. A medical certificate of injury (39 pages of investigation records);

1. Business registration certificate (41 pages of investigation records);

1. Written estimate;

1. Application of statutes, such as site photographs;

1. Articles 284, 283(1) (a) (a means of intimidation to carry dangerous articles), 261, 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 257 of the Criminal Act, Article 314(1) of the Criminal Act, Article 314 of the Criminal Act, as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, are as follows.

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