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(영문) 전주지방법원 2012.07.18 2012고단849
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 19, 2008, the Defendant was sentenced to two years of imprisonment for rape, etc. in the Gwangju District Court Manpoon branch on April 21, 2010, and completed the execution of the sentence in the military prison.

Criminal facts

1. Around January 28, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) demanded the victim F, an employee of the victim F, who is the employee of the victim, to change the drinking value in E operated by D in the first floor of the Dongdaemun-gu Seoul Metropolitan Government C building at the same time, the Defendant collected three beer diseases, which are objects of danger to the victim.

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

2. The Defendant interfered with business, at the above date, at the above time, and at the above place, took around 30 minutes of debrising on the brush that was set up in the boom while assaulting the Victim F, thereby obstructing the Defendant’s operation of the Victim F by force.

3. When the victim D(29 years of age) who had been in contact with F at the above date, time, and place, demanded a drinking value, the Defendant assaulted the victim by putting the victim’s bat with bat and fating the bat at the victim’s fat, and bating the fat, and bating the head of the fat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Previouss before and after judgments: Criminal records, inquiry reports on criminal records, reports on the confirmation of the date of release from a court and application of Acts and subordinate statutes reporting thereon;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act (the occupation of violence and violence with a deadly weapon, etc.), Article 314 (1) of the Criminal Act (the occupation of interference with business), and Article 314 (1) of the same Act (the choice of imprisonment with prison labor for the purpose

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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 is that the defendant was punished for the same kind of crime several times.

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