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(영문) 서울동부지방법원 2018.04.17 2018고정183

폭력행위등처벌에관한법률위반(공동협박)

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

On September 19, 2017, around 09:30 on September 19, 2017, the Defendants expressed a bath to the victim F (e.g., 62 years of age) in front of the EM auction site in Songpa-gu Seoul Metropolitan Government DD market, with regard to the assault case involving the Defendant’s mother and the injured party, and made a verbal dispute with the victim, the Defendants threatened the Defendant with his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Accordingly, the Defendants jointly threatened the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, and each of the fines shall be imposed on the Defendants who choose to commit a crime;

1. Sentence Defendants: Fines of 500,000 won each;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: (a) there is no history of criminal punishment against the Defendants on the grounds of sentencing under Article 59(1) of the Criminal Act (the conditions favorable to the Defendants among the grounds of sentencing); (b) the victim first assaulted the Defendants’ mother at a number of times, which was the cause of the instant case; and (c) the degree of intimidation of the Defendants, etc., shall be determined as ordered by the sentence, taking into account the sentencing conditions