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(영문) 인천지방법원 부천지원 2015.05.15 2015고단768
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

On September 19, 2014, the Defendant was sentenced to five months of imprisonment with labor for business obstruction, etc. in the Busan District Court’s Vice-Support on September 19, 2014 and completed the enforcement of the sentence in the Incheon Detention Center on January 14, 2015.

1. Interference with business;

A. On February 15, 2015, from around 17:40 to 18:20 the same day, the Defendant: (a) was in the E cafeteria operated by the victim D (the age of 59, female) located in Bupyeong-gu, Seocheon-gu, Busan; (b) was refused to drink to the customer F, who was on other tables; (c) was able to take a bath to the victim; (d) was able to take a bath to the victim’s restaurant; and (e) was able to avoid disturbance by force, such as holding alcohol on the floor; and (e) showing the Defendant’s body off.

B. On April 5, 2015, from around 17:00 to 18:30 of the same day, the Defendant: (a) expressed a bath to the victim D (the 59-year-old), a customer who was on other tables, and his/her day, several times at the E-cafeteria operated by the victim D (W) from around 17:0 to around 18:30 of the same day; (b) Had the Defendant’s continuous city expenses, and Had the Defendant went out of the temporarily-run restaurant by the police officer who was called the victim’s 112 report defect; and (c) Had the Defendant’s daily activities interfered with the victim’s restaurant business for about one hour and 30 minutes by force, such as exerting force.

2. Around 18:20 on April 5, 2015, the Defendant, while drunk at a restaurant E, located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, intended the victim H (60 years of age) as stated in the above 1-B, and got off the victim’s head one time with a glass bottle, which is a dangerous object on the table, on the ground that the victim becomes the Defendant.

As a result, the defendant carried dangerous objects and carried them for about 10 days, which requires medical treatment to the victim.

The defense counsel shall include the defendant as a victim of a disease.

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