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(영문) 광주지방법원 순천지원 2015.09.16 2014고단2188 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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. At around 15:45 on September 21, 2014, the Defendant obstructed the victim’s restaurant business by force, i.e., having received a recommendation from the victim D to make a smoking at the “E restaurant” operated by the victim D, and having received a recommendation from the victim to make a smoking, i.e., “Ye, Chewing, Chewing, and one year. inside the prison.”

2. The Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed assault by the victim F (math, 71 years of age) of a restaurant customer in the time, place, and the victim F (math, 71 years of age) of his/her horse, dangerous articles, and her left arms.

3. On the same day, at around 16:30 on the same day, the Defendant: (a) removed and damaged the 15,000 won at the patrol car, which is a public object, at the place specified in the preceding paragraph; (b) the slope H and I belonging to the G police box dispatched to the scene, who controlled himself; and (c) removed and damaged the patrol car, which is a public object.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D, F, and H;

1. The prosecutor's statement concerning the F;

1. Statement of the police officer to I;

1. Application of the statutes governing receipt of written estimates;

1. Article 314 (1) of the Criminal Act (a point of interference with business), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of violence against carrying dangerous objects) of the Criminal Act, Article 141 (1) of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor for the crime of selective crime of interference with business and damage to public goods;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Since the crime of violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) and the crime of interference with business against which the sentencing guidelines set forth in the sentencing guidelines are not set, the sentencing guidelines newly established in relation to the crime of interference with business are concurrent crimes with the crime of interference with business.

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