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(영문) 대구지방법원 서부지원 2012.10.25 2012고단909
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On October 5, 201, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to the crime of interference with business, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on October 13, 2011, and the above judgment became final and conclusive on October 13, 201, but on April 6, 2012, the sentence of suspended execution was revoked and the execution of the sentence was terminated at the Changwon Prison on June 19, 2012.

【Criminal Facts】

1. On August 9, 2012, the Defendant assaulted the victim’s face one time by hand on the ground that the victim’s employee F (n, 49 years of age) would take the bridge above the guest table in the door-to-face operated by D, which is operated by D, the 2nd floor in Daegu-gu, Daegu-gu, Seoul, on August 9, 2012.

2. The Defendant interfered with business by: (a) 10 minutes at the time and place of the foregoing Paragraph (1) above, on the ground that F, an employee, demanded the customer her to bridge from the customer table, expressed his/her desire to boom “the same bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

3. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행) 피고인은 2012. 8. 15. 9:40경 위 제1항 장소에서 피해자 F에게 아무런 이유없이 욕설을 하고 이에 피해자가 퇴거를 요구한다는 이유로 화가 나 피해자에게 “한번 죽어 볼래”라고 욕설을 하면서 테이블 위에 있던 위험한 물건인 빈 맥주병을 손에 들고 피해자를 향해 때리는 시늉을 계속 하며 때릴 듯이 위협하였다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of the witness F and D;

1. Previous convictions indicated in judgment: Criminal records, personal identification and confinement status, application of Acts and subordinate statutes, and investigation reports;

1. Article 260 of the Criminal Act applicable to the crime and the choice of punishment.

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