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(영문) 전주지방법원 정읍지원 2014.07.08 2014고단91

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. At around February 7, 2014, Defendant A, while drinking alcohol in the Defendant’s residence room located in Go Chang-gun, Go Chang-gun, North Chang-gun, the Defendant threatened the victim’s head by taking advantage of the victim’s left hand, on the ground that the victim B (the age of 43) said that he had been able to collect money from the inner wall at the same time for three (3) years, and that he would have been aware of the victim’s head.

2. Defendant B, at the same time and place as indicated in the above paragraph (1), was threatened by the victim A (the age of 42), and the victim’s head was collected from the glass cup, which is an object dangerous to her losses, and the victim’s head could not be identified.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of statutes on site photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act;

(b) Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the person is not punished for a firm name) of the suspended sentence;

1. Social service order under Article 62-2 of the Criminal Act;