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부산지방법원 2014.05.01 2014고단2086
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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 09:00 on February 18, 2014, the Defendant obstructed the victim’s restaurant business by force by leaving the D cafeteria in the state of alcohol on the “D cafeteria” located in Busan YYA, and by walking the above cafeteria on the ground that the victim E (n, 69 years of age) who is the owner of the said cafeteria does not drink himself/herself, and walking the above cafeteria on the ground that he/she does not drink himself/herself, and making a sound on the part of the 20 minutes of the accident, by avoiding disturbance between about 20 minutes, and preventing the victim from carrying out a normal cafeteria business, and thereby obstructing the victim’s restaurant business.

2. On February 18, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) found the victim E in a drunken state at a place like Paragraph (1) at around 14:15, and used a tree monet (a dangerous object in front of a restaurant for the reason that the victim E does not bring himself/herself into the restaurant, and used it as a threat to the victim, as he/she would have up to approximately 7cm in length, and approximately 4cm in thickness).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act (the occupation of violence against carrying dangerous objects), and Article 314 (1) of the Criminal Act (the occupation of interference with business and the choice of imprisonment) 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a victim is not subject to punishment);

1. The dismissal of prosecution under Article 62-2 of the Probation Criminal Act

1. The summary of the facts charged, around 13:00 on February 18, 2014, the Defendant: (a) returned to the same place as Paragraph (1) in a drunken state; (b) thereby, the Defendant threatened the victim by stating “the victim, who walked into a restaurant, without bringing himself into the restaurant,” on the ground that the said victim E does not bring himself into the restaurant.

2. Dismissal of a victim's intent not to punish him/her;

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