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(영문) 부산지방법원 2014.03.26 2014고단1110
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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. From around 04:00 on December 18, 2013 to 04:30 on the same day, the Defendant: (a) expressed the victim’s “F restaurant” operated by the victim E in Busan Jin-gu, Busan; (b) expressed the victim’s desire to “Cunch wom wom wom wom wom wom wom wom wom wom wom,” and (c) carried the victim’s disturbance as described in paragraph (2).

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. Around 04:30 on December 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.), obstructed performance of official duties, and destroyed property damage by the Defendant, on the ground that the victim H (the age of 54) who was a guard belonging to the Busan Jinjin Police Station G District, called out after having received a report of interference with business, said victim H (the age of 54) was able to return home. As such, the said manufacturer, who was a dangerous object in the said restaurant, was faced with the victim’s face, thereby causing the victim’s damage.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the suppression of crime and the maintenance of order, and at the same time, up to two weeks of medical treatment to the victim, the Defendant damaged two chairss equivalent to KRW 143,00,000, total market value of the victim E-owned E, and KRW 110,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol of statement of I, E, and H;

1. Application of the Acts and subordinate statutes to a report on investigation (including a written estimate, etc.), written diagnosis and written estimate;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act [the point of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (an injury by a group, a deadly weapon, etc.)] and Article 366 of the Criminal Act;

1. The crimes of obstruction of the performance of official duties are committed by Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.

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