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(영문) 수원지방법원 2014.12.17 2014고단6026
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) ordered the drinking at the 'D' restaurant located in Suwon-si C in Suwon-si around 04:00 on October 23, 2014, and obstructed the smoking in the above restaurant.

At this time, when the victim E, an employee of the above restaurant, demanded the above restaurant to cut off the cigarette on the ground that the above restaurant is a non-smoking area, the defendant assaulted the above victim's head part of the above victim's head, cut off the part of the above victim's head, cut off the part of the above victim's head, cut off the victim's left side by hand, booming the victim's breath, cutting down the victim's breath with the victim's right side, and booming the victim's breath.

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

2. The Defendant interfered with business without paying 36,00 won to the victim F (the 48 years of age) who is the main owner of the above restaurant, by avoiding the disturbance, such as the time and place described in paragraph (1), as well as the acts like paragraph (1), on the floor, and the scaming of an empty scams to E as well as the acts like paragraph (1), and the scaming of an empty scams to E as described in paragraph (1).

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes No. 3 of photographic (Evidence No. 3);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective agreements, etc. by the accused);

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