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(영문) 서울중앙지방법원 2014.12.11 2014고단8703
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 15, 2014, around 02:15, the Defendant was requested to calculate from the said heading E (nex, 42 years old) the Defendant, on the ground that the Defendant’s daily behavior scambling of the Defendant, thereby causing damage to other customers, while drinking and drinking in the heading house of the victim D (the age of 49) located in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the defendant took a bath to "Chos, alcohol, or thalthal" in a large part, while putting the victim's head debt up to knife the victim's knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with him

Accordingly, the defendant carried a dangerous object, and assaulted victims.

2. The Defendant interfered with the business of the victim by force over about 30 minutes, such as assaulting the victim D (the age of 49) as stated in the above 1. Paragraph (1) at the time, at the place specified in the above 1. Paragraph (1). The Defendant interfered with the victim’s collection business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of each statute to the statement of D, E, and F;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 260 (1) and 314 (1) of the Criminal Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment (excluding interference with business affairs)] from April to January 20 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2009] (see, e.g., Supreme Court Decision 2

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