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(영문) 수원지방법원 성남지원 2015.07.09 2015고단896
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to imprisonment with labor for the crime of interference with business, etc. at the Sungwon District Court's Sungnam branch for six months, and is currently under the suspension period.

1. At around 22:00 on May 19, 2015, the Defendant obstructed the Defendant’s main business by force by avoiding the disturbance between approximately 2 hours and 20 minutes of the table, such as a 20-minute c’s location in Seongbuk-si, Sungnam-si, and the 2nd class D’s “E” location in the second floor victim D (the age of 55). The Defendant, while under the influence of alcohol, had the victim take a bath to the victim on the ground that the victim, who was able to escape the disturbance from the outside of the place of the place, added a chum to the chum to the other customers, and obstructed the Defendant’s main business by force.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) committed an injury to the victim, such as a stuff, etc. in which the number of days of treatment cannot be known, by taking advantage of the body, such as the arms and arms of the victim, etc., in a shotic form, which is a dangerous object, on the ground that the victim’s disturbance is considered to be “dward” at the same time and place as

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Plastic photographs and shot photographs of damaged parts;

1. Application of Acts and subordinate statutes to investigation report (investigation, etc. into the field situation);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] In a case where mitigation area (one year and six months to two years), mitigation area (one year and six months to six months), punishment not (including advanced efforts to recover damage), or considerable damage is recovered (the decision of sentencing] under Articles 53 and 55(1)3 of the Criminal Act (the statutory penalty for the instant crime is three years.

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