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(영문) 수원지방법원 평택지원 2016.01.07 2015고단1596
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

1. On October 16, 2015, the Defendant violated the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) committed booming and booming the victim C (26 years old) who did not have any good space in the restaurant located in Pyeongtaek-si, Pyeongtaek-si, which was located in Pyeongtaek-si, and the horse and dispute with the victim, boomed the victim’s boom, and boomed the victim’s math, thereby requiring approximately two weeks of medical treatment.

2. On October 7, 2015, the Defendant obstructed the victim’s taxi business by force over about 30 minutes, such as driving a cab on the part of the victim’s operation, and blocking the victim’s taxi business by force, on the ground that the Defendant: (a) at the front of the direct transaction market of livestock products located in Pyeongtaek-si center; (b) at the front of the direct transaction market for livestock products located in Pyeongtaek-si center; (c) on the ground that the victim D told the victim D that the cab was in front of the taxi in the order of order from the defective damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A report on investigation (a photograph of an emergency treatment);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 2 of the same Act, Article 257 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act concerning a crime (the choice of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence: The scope of recommendations for the sentencing guidelines of the applicable O: The part dismissing the public prosecution by taking into account all the circumstances, including the following: Class I (Special Bodily Injury) mitigation area (one to June, two years), the basic area (one to six months), the type of obstruction of business (Interference with business) (one to June), the basic area (one to six months), the final sentencing scope due to the aggravation of multiple offenses: one year and six months to March, and the victims of the O do not want the punishment of the defendant; and the fact that there is no domestic criminal history;

1. The summary of the facts charged is that the Defendant interfered with the cab business of the victim D (58 years old) at the time and place specified in paragraph (2) of the aforesaid Article and harming the cab business of the victim.

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