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(영문) 서울서부지방법원 2015.01.21 2014고단3405

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On November 3, 2014, around 18:25, the Defendant assaulted the victim by using dangerous objects, such as the fact that the victim was able to find it out, in a plant for the operation of the victim E, which is the dynamics of the 1st underground floor C, Mapo-gu Seoul, by asking the victim of D’s address, but the victim was able to find it out.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written appraisal;

1. Application of two Acts and subordinate statutes concerning photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (including the violation against the defendant, the fact that the defendant has no power to punish the defendant, and the fact that he agreed with the victim);

1. Summary of the facts charged

A. At around 08:40 on September 14, 2014, the Defendant committed assault against the victim by inserting the phone at several times to the victim D (at 50 years old) who is the former part of the Defendant’s building in Jongno-gu Seoul, Jongno-gu Seoul, on the ground that the victim did not have money, but the victim gets away from the back of the victim.

나. 협박 피고인은 2014. 11. 2. 22:02경 서울 이하 주소 불상의 장소에서, 피해자 D에게 수회에 걸쳐 전화를 걸어 돈을 달라고 하였으나 피해자가 전화번호를 변경하여 더 이상 연락할 수 없게 되자, 피해자와 함께 살고 있는 피고인의 아들 G의 휴대전화로 전화를 걸어, “G, 전화 한 통만 받으라는데 왜 안 받아, 너 아빠 약 올릴래, 아빠 약 올리면 큰일 나, E 삼촌 죽이고 나 깜빵 갈 거야”라고 음성메시지를 남기고, 같은 달

4. 15:35 in the same manner, "I am, G, I am, why I am or why I am or why I am or why I am or why I am or why I am or why I am.