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(영문) 광주지방법원 2015.02.25 2014고단5089
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around September 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an assault with the victim, carrying a dangerous object, i.e., the victim’s face part of the victim’s face attached to the “D” restaurant operated by the victim C (Inn, 53 years old) located in North North-gu, Gwangju, and “I am at one time” from the victim, and “I am at one time from the victim’s answer. I am “I am not sing off. I am for this Chewing,” and am “I am for the victim’s face part of the victim’s face.”

2. The Defendant interfered with the business of the Defendant, by force, interfered with the victim’s restaurant business by having the customers who were in the restaurant by avoiding the disturbance as stated in the above paragraph (1) at the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement C to the Acts and subordinate statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act;

(b) The point of interference with the business affairs indicated in the judgment: Article 314 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Since the crime of violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) and the crime of interference with business against which no sentencing guidelines are set, for which the sentencing guidelines are set in the grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Probation, etc. Act, are concurrent crimes, the sentencing guidelines for the crime of violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) in the judgment of the criminal whose sentencing guidelines are set are set at the lower limit of the sentencing guidelines in this case.

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