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(영문) 전주지방법원 정읍지원 2015.09.01 2015고단230
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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. Around 19:50 on March 13, 2015, the Defendant: (a) listened to the victim’s speech that female employees engaged in entertainment loan from the victim in a room room No. 1 operated by the victim C (the age of 51) at regular Eup (the age of 51) around 19:50 on March 13, 2015; and (b) obstructed the victim by putting the beer’s disease, beer, and beer in the floor, studs, and studs on the wall of the floor and studs; and (c) assaulting the victim by putting the beer, which is a dangerous object, toward the victim.

2. On March 13, 2015, the Defendant: (a) destroyed the damage of property, on the same ground as that stated in paragraph (1) at the place described in paragraph (1) at around 19:50 on March 13, 2015; and (b) destroyed the effectiveness of eight glass cups equivalent to KRW 12,00,000 owned by the victim.

Accordingly, the defendant damaged the victim's property.

3. On March 13, 2015, from around 19:50 to 20:10 on the same day, the Defendant obstructed the victim’s primary business operations by force by avoiding disturbance, such as making it difficult for the Defendant to leave the scene described in paragraph (1) and for the same reason as described in paragraph (1), and harming the victim’s primary business operations by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. Each internal investigation report (21 pages, 22 pages of investigation records);

1. Application of Acts and subordinate statutes to each investigation report (43 pages, 45 pages of investigation records);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 3 (1) and Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of causing damage to a deadly weapon, the choice of imprisonment), Article 314 (1) of the Criminal Act

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. Probation;

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