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(영문) 서울북부지방법원 2016.07.15 2015고단4395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 23:50 on November 2, 2015, the Defendant: (a) took a look at the victim F (son, 49 years of age) and drinking in a 'E restaurant located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; and (b) took part in a dispute while drinking with the victim F (son, 49 years of age) and drinking; (c) took part in a part of the victim’s head; (d) took part in the victim’s head and part of the victim’s head on one occasion by taking part in another earth and port rheat on which he was on the part of his head; and (e) took part in the victim’s head and part on one occasion, taking part in the victim’s head and part in other earth and port rat; and (e) took part in the victim’s head and part on one occasion, taking part in the victim’s head and part in the victim’s head and part in the treatment of the victim, and took part in the victim’s head and part in his left.

2. On the date and time set forth in paragraph 1, the Defendant destroyed the victim G-owned G-owned market price of the victim G-owned G-owned on his/her own because the victim G-owned f was commercialized to the victim E-cafeteria at the E-cafeteria operated by the victim G-owned f, and damaged the victim’s f-owned G-owned market price by breaking up the head of the above F-owned G-owned G-owned 8,00 won, and the f-owned 2 head of the market price of 940,000 won is protruding, and the market price of 80,000 won is teared.

3. On November 23, 2015, from around 23:50 to around 00:30 the following day, the Defendant obstructed his restaurant business by force by avoiding the disturbance as referred to in the above paragraphs 1 and 2 from E restaurant to allowing its customers to leave the restaurant, and preventing them from entering the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs, field, and photographs of damaged materials (large glass, food, and estimate of damaged large glass), receipts (rest of the damaged glass), and snicking of receipts (defing of the damaged glass), which have been extracted from CCTV on which the scene of crime was recorded;

1. Relevant Article 258-2(1) of the Criminal Act, Article 258-2(1) of the Criminal Act, Article 257(1) of the Criminal Act (a point of special injury), Article 366 of the Criminal Act, Article 314 of the Criminal Act.

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