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(영문) 인천지방법원 부천지원 2015.10.30 2015고단2335
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been a customer to the "C" in Kimpo-si, and the victim D is a business owner operating the above "C" and the victim E (n, 50 years of age) is an employee of the above "C".

1. Around 04:20 on June 20, 2015, the Defendant: (a) was under the influence of alcohol at the instant “C; (b) was faced with the beer’s disease contained in the front plastic box; and (c) caused the said bed against the victim E who was staying in the front plastic box; and (d) the said bed against the victim’s left side and face.

In this respect, the defendant carried a dangerous object with beer disease, and assaulted the victim.

2. The Defendant causing property damage, at the time and place set forth in the preceding paragraph, continuously cut off the cericker number in front of the plastic box by cutting it down on the floor, and then breaking it on the floor, let the above plastic box containing be laid down on the floor and gold be set off on the floor, thereby damaging 10 bottles worth approximately 40,000 won in total in the market price of the victim D owned by the victim, and as like this, damaged 1 copy of the other day of the floor, which is owned by the victim, to cover KRW 214,500 in repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Each statement of E and D;

1. All of the photographs, such as assaulter, damaged beer and beer, and dye;

1. E face pictures of assault and part of E;

1. Application of the written estimate for damage;

1. Relevant legal provisions concerning criminal facts, Articles 261 and 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), Article 366 of the Criminal Act (the point of destroying and damaging objects), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with D, the confession of a crime, the fact that it appears to be against the victim E, the degree of damage to the victim E, and the fact that there is no criminal record exceeding

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