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(영문) 인천지방법원 2015.04.09 2014고단9248
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment of one year and six months, each of the defendants B and C shall be punished by a fine of 3,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. On October 31, 2014, at around 22:10 on October 31, 2014, the Defendants: (a) viewed that, under the influence of alcohol, the victim F’s “F key point” in the Nam-gu Incheon Metropolitan City E-gu, the name-free customer on the name-free table, who left the next table, was considered to have been sent to the store; and (b) Defendant C opened the table.

The defendant A and B interfered with the legitimate operation of the victim by force by keeping the disturbance for about 30 minutes, such as putting the beer and beer disease on the floor, putting the large interest on the customers, keeping the victims and employees, keeping them tightly, allowing customers not to account, prohibiting other customers from entering the main place, and obstructing them from entering the main place.

2. Violation of the Punishment of Violences, etc. Act (a collective injury) and the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.) were committed on the above date, at the above place, at the above time and place, Defendant B took the neck of the victim G (Nam, 60 years old) who committed the above scambling act by the Defendants, one time as drinking by the Defendants, and the cambling of the victims by combining the Defendants C, and Defendant A got off the head of the victim by gathering beer disease, which is a dangerous object on the table.

As a result, the Defendants jointly inflicted injury on the victims, such as cerebral salins and euthanass, which require treatment for about 21 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. A report on investigation;

1. On-site and photographs and receipts of victims;

1. Application of Acts and subordinate statutes of the letter of injury diagnosis to G;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), 257(1) of the Criminal Act (the occupation of bodily injury with a deadly weapon), Articles 314(1) and 30 of the Criminal Act (the occupation of interference with business and the choice of imprisonment)

B. Defendant B and C: each of the Gus.

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