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(영문) 서울남부지방법원 2014.10.02 2014고단3014
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On August 10, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.) around 21:35, 2014, at the “E” point operated by the victim D (the age of 43) of Gangseo-gu Seoul Metropolitan Government, the Defendant paid off the amount of credit on the road by the victim, which is a dangerous thing in the air conditioners, and caused the beer’s disease to the victim, who is a dangerous thing in the air conditioners, and caused the strike to protruding back to the left part of the victim’s side, thereby making it impossible for the victim to know the number of days of treatment.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. causing damage, etc.) the Defendant destroyed the property equivalent to KRW 1,520,000 in total market price due to the failure of the Defendant, at the time and place specified in paragraph (1), and at the place specified in paragraph (1) where the beer’s disease, which is a dangerous object located in the cooling pool for the same reason as that specified in paragraph (1), was put in the display place and the carper, and placed on the display place, the victim D, 20 bottles, and one set of three bottles in the display place, which are placed on the display place, and one set of three bottles in the display place, which are owned by the victim D.

3. On August 10, 2014, from around 21:35 to 21:50 on the same day, the Defendant interfered with the business of the victim’s bar business by force by having the victim get one customer who was in the main place by avoiding disturbance, such as having the relevant beer disease, at the places indicated in paragraph (1) from around August 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear victim's telephone statements);

1. Application of the Acts and subordinate statutes to photographs of the scene of damage, Nowon-North Korea which does not work for the victim's possession, and part of the victim's damage;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the same Act, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 366 and 314 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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