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(영문) 수원지방법원 2015.08.13 2015고단2811

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. At around 22:30 on April 16, 2015, Defendant A, without any justifiable reason, expressed a bath to the victim F (39 years of age) who is another customer of the foregoing drinking house and G, who works for him, without any reason, at the “E” drinking house located in Suwon-si, Suwon-si, Suwon-si, the Defendant threatened the victim F (39 years of age) with a beer disease, which is a dangerous object on the table table, and threaten the victim F. As such, the Defendant threatened the victim F.

2. At the time stated in paragraph (1), Defendant A, without any justifiable reason, was able to take a bath for other customers of the above main point as stated in paragraph (1) at the “EM store” as stated in paragraph (1) operated by the victim H, and the victim H was threatened with the beer branch of beer and the other customers, and the victim H was tightly assaulted, thereby getting the victim H to go beyond the floor. At first, Defendant B was able to take a bath for the other customers with Defendant A, and then Defendant B was able to escape a disturbance for about 15 minutes.

As a result, the Defendants conspired to interfere with the victim H’s bar business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes of the I;

1. A of the pertinent legal provision on criminal facts: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Articles 314(1) and 30 (a) and 30 (a) of the Criminal Act’s Article 314(1) and Article 30 of the Criminal Act’s Article 314(1) and Article 30 of the Criminal Act’s Article 30;

1. Preliminary O Defendant A: Imprisonment with prison labor for the crime of interference with business: Selection of a fine;

1. O defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigationO Defendant A: Articles 53 and 55 (1) 3 of the Criminal Act;

1. O defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A of the suspended sentence: Criminal Act;