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(영문) 서울고등법원 2014.04.10 2013노3492

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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Defendant

In addition, both the respondent for attachment order and the defendant's appeal are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) against K of a victim who was requested to attach an order to attach an electronic device (hereinafter referred to as “Defendant”) and committed a crime against the victim K at the time of the Defendant boarding the victim K at the time. However, there is no fact that the knife had no knife and the victim was threatened with the knife.

It is true that the defendant was at the time in the victim F with the victim F at the time, but there is no fact that he assaulted and detained the victim, and the 700,000 won received from the victim was refunded money not under the name of lawyer but under the name of the victim.

Although the Defendant, at the time, asked the victim H to pay 50,000 won. However, there was no threat, such as the death of 50,000 won if it did not bring about 500,000 won as attorney fees, and only demanded to pay the loan money.

There is no fact that the defendant has threatened the victim G with the fact that he did not bring about any money to the victim G at the time, and 10,000 won received from the victim is also refunded, not by taking out any money.

At the time of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) against the victim'sO, the defendant only had been in the NMoel 508 room with several persons, such as the victim'sO, and there was no enemy who had been in the above Mour room with the victim, nor had the victim committed indecent act by force.

At the time of violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) against P, the Defendant did not take a knife the knife or put the knife on the knife, and there was no fact of intimidation against P.

The defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.) has been absent on the date of the original trial by H and K, and the judgment of the original court is passed.