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(영문) 부산지방법원 2016.02.17 2015고단6118
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2015, from around 04:50 to around 05:30 of the same day, the Defendant: (a) provided a bath for the victim E (n, 46 years of age) who is an employee of the said restaurant, on the ground that he/she is bad in the said restaurant; (b) took a bath for the victim; (c) took a dangerous object on the mebbbbbbbb, the me was hicker, and took a heavy bath for the victim; and (d) assaulted the victim with dangerous object, such as viewing the urb, before the said restaurant entrance, and interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 261, 260 (1) (a point of special assault) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (see, e.g., Supreme Court Decision 2012Do1895, Oct. 11, 2012)

1. The instant crime with the reason for sentencing selective punishment of imprisonment for the same offense was committed on September 26, 2014, which became final and conclusive on October 7, 2014 after the Defendant was sentenced to two years of imprisonment for the same kind of crime on the same day as of September 26, 2014, and is still under the suspension of execution, and at the same time, two times as a crime of injury, a crime of obstructing the performance of official duties, one time as a crime of obstructing the performance of duties, and nine times as a crime of violating the Punishment of Violences, etc. Act, and at the same time, he/she did not know of the past, and at the same time did not assault and interfere with the business,

However, the punishment as ordered shall be determined by taking into account all the circumstances, such as the defendant's age, health, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc., in which the injured person is not punishable by the defendant due to the smooth agreement with the victim, and all the circumstances constituting the conditions for sentencing, such as the punishment of the defendant.

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