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(영문) 창원지방법원 2015.06.02 2014고합312

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

Defendant

A and B Imprisonment with prison labor for three years, each of them shall be punished by imprisonment for one year.

However, Defendant C, D, and E.

Reasons

Punishment of the crime

On August 26, 2011, Defendant A sentenced Defendant A to one year from the Changwon District Court to imprisonment with prison labor for attempted crimes of robbery, etc., and completed the execution of the above punishment on June 3, 2012.

Defendant

B On June 3, 2011, the same court sentenced one year and six months to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.), and completed the execution of the above sentence on April 14, 2012.

【Criminal Facts】

1. Defendant A’s sole criminal conduct (violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) was a member of the action group of violent organizations, a centering on the former Changwon.

On October 2013, when the defendant was detained under suspicion, such as attacking the victim N(34 years of age), the defendant was found to have been suffering from the victim on the ground that the victim made a statement of damage in the Gyeongnam Provincial Police Agency.

On February 25, 2014, at around 21:45, the Defendant 21:45, the Defendant called “P” on the street in front of the restaurant at the window of Changwon-si, Changwon-si, that the Defendant was fluort with the victim, “I dar dar, hnar, nar, nar, nar, nar, nar, nar. nar nar. nar nar. nar nar. nar nar. nar nar. nar nar. nar. nar. nar nar. n. n. n. n. n.).

As a result, the defendant threatened the victim with the purpose of retaliationing the victim's statement related to the investigation of his criminal case.

2. Defendant A and B’s joint criminal conduct (a group, deadly weapons, etc.) (a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)) found the so-called victim N in the manner of using violence on behalf of the Defendant B by frequently engaging in fining finite farcing farcing that Defendant B did not want to see the victim N, as stated in paragraph (1) that Defendant B did not want to see him/her, but rather, Defendant C was in a military position to receive a enlistment warrant.