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(영문) 부산지방법원 2015.01.07 2014고단8073
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

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

Reasons

Punishment of the crime

On June 24, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for special obstruction of performance of official duties, etc. at the Busan District Court on July 30, 2012 and was punished as an act of violence on 22 occasions.

On September 3, 2014, around 12:10 on September 3, 2014, the Defendant assaulted the victim of vinyl C building in front of the Busan B building, and followed by the victim D (n, 22 years of age) without any specific reason.

B. At around 18:30 on September 24, 2014, the Defendant obstructed the Defendant’s operation of the restaurant by force by avoiding the disturbance between about 20 minutes of the victim’s 20 minutes, including the following: (a) while drinking alcohol in the G restaurant operated by the Victim F (Y, 47 years of age); (b) the CCTV installed at the G restaurant in Busan; (c) monitor himself and herself; and (d) taking the gate on the table; (d) taking the inseminator’s entrance into the cafeteria; and (e) taking the cafeteria’s entrance at the cafeteria’s entrance; and (e) taking the cafeteria’s five-minutes on the cafeteria’s cafeteria’s cafeteria’s cafeteria’s floor, thereby obstructing the victim’s operation by force.

다. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등) 피고인은 2014. 9. 25. 03:00경 부산 연제구 H에 있는 피해자 I(남, 67세)이 관리하는 J 찜질방에서, 이전에 위 찜질방에서 퇴실조치된 것에 대해 불만을 품고 찾아가 위험한 물건인 끝이 뾰족한 돌덩이(길이 약 20cm)를 출입문에 집어 던져 출입문 유리 2장 시가 10만원 상당을 깨뜨려 이를 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, K, F, and I;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (compact of inquiries into current status of personal confinement);

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and Article 314(1) of the Criminal Act concerning criminal facts;

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