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(영문) 수원지방법원 2014.04.16 2014고단284
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 13, 2014, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant d'D located in Suwon-gu, Suwon-si, Suwon-si on January 13, 2014, sent a horse to the victim E (the male and the age of 27) (the age of 27) of another customer who was sitting and drinking alcohol while drinking alcohol, and was frighted by the victim on the ground that the victim’s head was bad, boomed the victim’s face, boomed the victim’s face once, boomed the beer, boomed the beer residues, and boomed the head of the victim, which is a dangerous thing, and boomed the victim’s head, and frightd the victim, etc.

2. 업무방해 피고인은 술에 취하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서 전항의 일시 및 장소에서, 위와 같은 이유로 큰소리로 욕을 하면서 맥주병을 손으로 쳐서 그것이 튕겨나가면서 깨지게 하는 등 약 20분간에 걸쳐 소란을 피워 그곳 종업원인 피해자 F(여, 22세)의 주점 영업업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of investigation reports (on-site conditions, etc.), field photographs, and CCTV-related statutes;

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) 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, the selection of imprisonment with labor);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The fact that the instant crime was committed without any particular reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., grounds for suspended sentence) and that the contents of the instant crime were very dangerous to the Defendant.

However, the defendant committed the crime of this case with weak mind and body in the state of detention.

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