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(영문) 서울중앙지방법원 2013.10.25 2013고단4837
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무방해 피고인은 2013. 7. 23. 14:00경 서울 관악구 C 피해자 D이 운영하는 ‘E’ 식당에서, 술에 취하여 위 식당 종업원 F에게 “G엄마 좃뺑이치네”라고 욕을 하였다.

Accordingly, the above victim’s defect that prevents the Defendant from taking the above desire, and the Defendant interfered with the above victim’s restaurant business by force by force, such as: (a) the victim was able to leave the above restaurant, 4 to 5 times, such as an empty beer, and broken off; (b) the victim took a bath to the above restaurant; and (c) the victim was unable to enter the above restaurant for about 30 minutes; and (d) the said victim was unable to enter the restaurant.

2. Around 11:20 on July 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was on the street table table in front of the “Ists” in the Gwanak-gu Seoul Special Metropolitan City H, the Defendant was on the street in front of the “E” restaurant, where the Defendant performed mixed alcohol and had been on the street in front of the “E” restaurant.

Accordingly, the victim F, who is an employee of the above restaurant, did not say that the victim F, who was an employee of the above restaurant, was the victim that the defendant was sick by the defendant, and the defendant was faced with the beer's disease, which is a dangerous thing, and inflicted an injury on the victim, such as an open room for treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement made to F and D;

1. Police investigation report (related to attachment of a medical certificate) and medical certificate;

1. Application of the Acts and subordinate statutes to photographs of damage, and photographs of suspects;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. There is no record of punishment of imprisonment without prison labor or more under Article 62 (1) of the Criminal Act, and only the victims and the victims;

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