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(영문) 인천지방법원 2015.04.30 2015고단285
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 01:40 on December 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) committed an “EM” operated by the victim D (the age of 36) in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, with the victim D (the age of 36), and caused the victim to have a crypted with the cryp, dispute with the cryp, etc. while drinking together with the cryp, etc., the Defendant collected the cryp, which is a dangerous object on the cryp, and led the victim to the cryp of the cryp, thereby having the victim faced with the head of the cryp, thereby having the cryp of the right walp and the balp part of the two cryp that require treatment for about 30 days.

2. In the above date, at the above place, the Defendant obstructed the victim’s bar business by force by avoiding disturbance, such as destroying the victim’s head when the victim’s head was faced with the victim’s disease, and breaking the victim’s shoulder and face, etc., and allowing the customers who had drinking alcohol from other tables to get out of others, thereby interfering with the victim’s bar business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes to field photographs, photographs of damaged parts (D), CCTV in the scene of the incident, CCTV images at the scene of the crime, CDs at the scene of the crime, and written injury diagnosis;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury) (Special Bodily Injury): Reduction element: Imprisonment with prison labor for the mitigation area of punishment [Determination of the recommendation area] 1 year and six months to two years and six months; and

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