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(영문) 인천지방법원 2015.04.16 2014고단8340
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

[2014 Highest 8340]

1. On October 2, 2014, the Defendant: (a) around 01:15 on October 2, 2014, at the F main point of the operation of the victim E (n, 23 years of age) in Gyeyang-gu Incheon Gyeyang-gu, the Defendant took a bath and took tobacco to the said female employees on the ground that the said female employees were mistakenly killed in tobacco; (b) the victim demanded the apology to do so; (c) the victim was put on the floor by gathering beer’s disease, which is a dangerous object that had been located there; (d) the Defendant continued to gather other beer by gathering beer; and (e) the victim was shicking twice the beer’s disease.

As a result, the defendant carried dangerous objects and destroyed the floor strings and table strings so that the market price is about 2 million won, and assaulted the victim.

2. When the Defendant reported 112 of the act of violence, etc. as referred to in paragraph 1.1. at the date and time, at the place, the Defendant committed assault twice by the victim’s breath on the inside and outside of the victim’s inner part of the business.

3. The Defendant interfered with the victim’s drinking business by force by avoiding disturbance in the same manner as paragraphs (1) and (2) at the date, time, and place, and by preventing other customers from drinking alcohol.

[2014 Highest 9360] On November 4, 2014, the Defendant: (a) entered the “H” restaurant located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, and (b) went to the victim I (32 years of age) and C (31 years of age) who was taking meals at the relevant place while avoiding disturbance, without any justifiable reason; (c) took a view of the victim I’s face; and (d) cut to the victim C’s head debt sprinking it.

As a result, the defendant suffered from the victim I's blood transfusion around the snow during the treatment period, and damaged the victim C's market price of 1.5 million won and damaged its utility.

Summary of Evidence

[2014 Highest 8340]

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographing photographs, tables and floor damaged photographs, written estimates, each of them;

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