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(영문) 인천지방법원 2014.09.18 2014고단5655
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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. Around 18:40 on April 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) caused the victim E (the age of 51) who fright to work in the “D Lestop” of the 7th floor of the Seo-gu Incheon Seo-gu Incheon Metropolitan City, and F fighting, while E was fright to the Defendant, the beer, in which E was fright to the Defendant, fright to the beer, and 500c beer, which was a dangerous article on the table, was collected by the victim, thereby causing the victim to suffer stroke in the number of days of treatment.

2. Around April 18, 2014, the Defendant assaulted the victim on one occasion at the end of the victim E (years 51) with the sole floor of the elevator coming from the aforementioned D Lestop on the ground of the foregoing reasons, on the following grounds: (a) around 19:09.

3. From April 18, 2014 to 19:05 of the same day, the Defendant interfered with business, from around April 18, 2014 to around 19:05 of the same day, the Defendant, along with the instant “Drash” operated by the Victim G, was unable to enter the restaurant by the customers who were able to get a beer boom as described in the foregoing paragraph (1) while drinking the beer, E, F, etc.

Accordingly, the defendant, in collusion with E and F, interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each police statement made to G, H and I;

1. A E-document;

1. Application of Acts and subordinate statutes to CCTV closure photographs, studios (E), medical prescription copies, and copies of physical photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous things), Article 260 (1) of the Criminal Act (the occupation of violence, the choice of imprisonment), Articles 314 (1) and 30 of the Criminal Act (the occupation of interference with business and the choice of imprisonment) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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