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(영문) 서울남부지방법원 2013.03.18 2013고단266
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant B

가. 상해 피고인은 2012. 12. 30. 21:30경 서울 영등포구 E 식당에서, 일행인 F, 피해자이자 피고인 A 등과 함께 술을 마시던 중, 옆에 있던 피해자가 F의 뺨을 1회 때리는 것을 보고, 나이 어린 피해자가 연장자인 F을 때린 것에 화가 나, 주먹으로 피해자의 입 부분을 1회 때려, 피해자에게 치료일수 불상의 입술부위가 찢어지는 상해(15바늘 가량 꿰맴) 등을 가하였다.

B. The Defendant interfered with the operation of a restaurant business operated by the victim G by force by taking the victim’s body fighting with a large amount of sound to A, who is under the influence of alcohol, at the above time, at the place, and at the same time, at the place.

2. Defendant A

(a) The defendant is in violation of the Punishment of Violences, etc. Act and Article 1-1 (A);

the date, time, place, 1-A.

For the same reason, violence was committed against the victim B, interesting the victim B, the part of the victim's left head was made with beer disease, which is a dangerous object on the arbitr, and the victim was inflicted upon the victim's left part of the treatment days.

B. The Defendant interfered with the business of the Defendant, at the above date, at the foregoing place, and at the same time and place, expressed a great voice to F and B, who are under the influence of alcohol, and obstructed the restaurant business operated by the Victim G by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each police statement of H, I, and G;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 (1) or 314 (1) (elective of fines) of the Criminal Act: Defendant A: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Articles 257 (1) and 314 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes, the crime of interference with business committed against Defendant B and the heavy emphasis on Defendant A.

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