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(영문) 창원지방법원 진주지원 2014.09.17 2014고단542

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On July 23, 2010, the Ulsan District Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the said sentence on January 3, 2013.

1. Joint criminal conduct by Defendant A and Defendant B

A. Defendant A, D, and E, around 06:40 on December 16, 2013, took a bath for each other within the restaurant operated by the victim G in Jinju-si, by taking advantage of Defendant B, H driving and trial costs. Defendant A, D, and E collected plastic chairs, cupped, beer, etc., and Defendant B and H had the objects, etc. collected against them, and had failed to avoid disturbance for about 10 minutes, including the shouldering of the beer’s disease, glass cup, etc. in the table.

Accordingly, the Defendants conspired with D, E, and H and interfered with the victim's restaurant business by force.

B. The Defendants violated the Punishment of Violences, etc. Act (joint property damage, etc.).

At the same time and place as set forth in the foregoing paragraph, the above cafeteria 1 disease, beer, 10 disease, 10 disease, 10 disease, and electric exits installed in the tent continued to be destroyed by the following devices: (a) the chairs, glass cups, etc. were put on the cafeteria; and (b) the entrance was damaged by the gate.

As a result, the Defendants jointly damaged the property amounting to KRW 305,00 in the market price owned by the victim in conjunction with D, E, and H.

2. From around 06:50 on December 16, 2013 to around 06:53, the Defendant violated the Punishment of Violences, etc. (a collective, deadly weapons, etc.) by Defendant B, in front of the J convenience point in JB located in JB in JB in JB, the Defendant, as seen above, went to the age of 35) and the victim E (a person aged 35) with excessive restriction, which is dangerous at the K’s house located far away from about 10 meters from that place.

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. Defendant A’s violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) is a victim at the front of his/her parking lot in Jinju around December 16, 2013.