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(영문) 서울남부지방법원 2016.07.13 2016재고단22
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On August 10, 2014, the Defendant: (a) around August 21:35, 2014, at the main point of “E” operated by the victim D (V, 43 years of age) located in Gangseo-gu Seoul Special Metropolitan City C, the Defendant: (b) caused the victim to pay the credit value on the road; and (c) caused the beer’s disease, which is a dangerous thing in the air conditioners, to the victim; and (d) caused the beer’s disease to go to the left part of the victim’s left part of the part on which the victim’s treatment cannot be known.

2. Special damage Defendant destroyed property worth KRW 1,520,000 in total market price by putting beer disease, which is a dangerous object in a cooling market, at the time and place specified in paragraph 1, on the same ground as that specified in paragraph 1, at the display site and at the display site, 20 bottles, which were placed on the victim D owner of the instant beer D, at the display site and the display site, at the display site, and one head of the display site, and one head of the Samsung Emt North Korea unit located on the display site, and causing a breakdown.

3. On August 10, 2014, from around 21:35 to 21:50 the same day, the Defendant interfered with the victim’s main business by force by having one customer who was in the main place by avoiding disturbance, such as having been suffering from beer disease at the places specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (to hear statements from a victim by telephone);

1. Application of Acts and subordinate statutes to photographs of the scene of damage, streetbook which does not work for the victim's possession, and photographs of damaged parts of the victim;

1. Articles 258-2 (1), 257 (1), 369 (1), 366, and 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor (excluding special injury provided for only by imprisonment with prison labor);

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are recognized, and his mistake is recognized.

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