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(영문) 서울남부지방법원 2014.05.29 2014고단715
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 17:00 on March 7, 2014, the Defendant was in violation of the Punishment of Violences, etc. Act (abstinence by collective action, deadly weapons, etc.) and was in violation of the D convenience store located in Gangseo-gu Seoul Metropolitan Government C by cutting down two thousand won in a cooling house from the cooling house and cutting down 2,00 won into the front floor, and was ordered to further 1,000 won from the victim E (n, 49 years old) who is an employee of the convenience store.

Accordingly, the Defendant suffered bodily injury, such as the victim's head twice due to a fluor's disease, which is a dangerous thing cited by the Defendant in his hand, and the part behind the left side of the head in the treatment days was pushed down several times, and the victim suffered bodily injury.

2. The Defendant interfered with business by assaulting the victim at the date, time, and place set forth in paragraph (1) at the convenience store, leaving 6 soldiers a week in the cooling room, leaving the entrance and leaving the entrance, and leaving two customers at the convenience store at the time of smoking a disturbance, such as smoking tobacco in the tobacco display room, and preventing them from entering the convenience store, thereby obstructing the victim’s convenience store business by force for about 10 minutes until 17:10 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing injuries and field photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no history of criminal punishment exceeding the fine imposed by the defendant, and the fact that the crime of this case is committed against his mistake while recognizing all of the crimes of this case, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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