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(영문) 서울중앙지방법원 2013.08.29 2013고정3717

폭력행위등처벌에관한법률위반(공동협박)

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

피고인들은 2013. 5. 14. 22:15경 서울 관악구 C에 있는 D주유소 에서 피해자 E가 운전하는 F 아반테 차량이 주유를 하기 위해 진입하는 것을 보고 술에 취하여 기분이 나쁘다는 이유로 차량 앞을 가로막고 "뭘 쳐다봐, 미친년, 씨발년아"라고 욕을 하며 시비를 걸었다.

The Defendants expressed the attitude of Defendant A, who intends to drive a vehicle on the part of the victim who completed the gas station, to block the front of the vehicle, and to stop the vehicle, “I see about the age of the minor, I am dead, and I am dead,” and Defendant B also expressed the attitude that the victim would cause any harm to the body of the victim.

Accordingly, the Defendants jointly threatened the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each written statement of E and G preparation;

1. Application of Acts and subordinate statutes to the investigation report;

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the punishment of crimes;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act