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(영문) 인천지방법원 부천지원 2015.07.13 2015고단1595
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On November 16, 2012, the Defendant was sentenced to a suspended sentence of three years on November 24, 2012 by imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the Vice-Support of the Incheon District Court, and the said judgment became final and conclusive on November 24, 2012, and is still under the suspended sentence.

【Criminal Facts】

1. 폭력행위등처벌에관한법률위반(집단흉기등상해) 피고인은 2015. 5. 12. 18:50경 김포시 C에 있는 D 식당에서 직장동료인 피해자 E(48세)와 함께 술을 마시다가 사소한 말다툼 끝에 화가 나 탁자 위에 있는 위험한 물건인 소주병으로 피해자의 머리를 1회 내리 쳐 피해자에게 머리 부위를 약 40바늘 상당을 꿰매도록 하는 치료일수 미상의 두부열창을 가하였다.

2. The Defendant damaged property damage, at the above date, at the above time and place, the Defendant collected a restaurant with a total of 435,000 won, including two tableors, 7 stone embankments, a water reservoir, a snacker, a snacker, and a water tank attached to a restaurant, a water tank, a snacker, a snacker, a snacker, and a portable gas siren.

3. The Defendant interfered with the business of the Defendant, at the above date, at the above time, and at the above place, caused the customers, who had 15 minutes of the disturbance, such as making them go to the restaurant, and preventing other customers from entering the restaurant by force, by leaving them go to the restaurant operation of the Victim F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. On-site photographs, photographs of damaged parts, copies of sales accounting books, etc.;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

1. Relevant Article of the Act on the Punishment of Violences, etc. and Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, and Article 257 (1) of the Criminal Act concerning the bodily injury carried with a deadly weapon;

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