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(영문) 서울남부지방법원 2016.11.15 2016고정2409
폭력행위등처벌에관한법률위반(공동협박)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A and Defendant B are between 1) Victim C (24) and 2) Victims D (24) and W (n).

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint intimidation) : around 21:50 on June 5, 2016, 2016 : (i) the victims and (ii) the victims were drunk at the bus stops in the bus stops in Gangseo-gu Seoul Metropolitan Government, and (iii) the victims were able to see themselves; (ii) the victims : (iii) the victims : (iv) the victims : (iv) the victims ; (v) the victim ; (v) the victim ; (v) the victim ; (v) the victim ; and (v) the victim ; and (v) the victim ; (v) the victim ; (v) the finger son was able to flue his finger; (v) the finger son was flud with the alley and the body of the victims; and (v) Defendant A took the attitude of 1 victims, such as the victim’s cherbing and the body of the victims.

Accordingly, the Defendants jointly threatened victims.

2. In collusion with the Defendants, as mentioned in the above paragraph (1) at the time and place mentioned in the above paragraph (1) above, Defendant B publicly insultingd victims, such as “Cins, fins, fins, fins, fins, fins, fins, fins, fins, fins, and fins,” and Defendant A, as in combination with the above paragraph (1), read “pins, fins, and fins,” etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C or D;

1. Application of each written statement and each of the Acts and subordinate statutes governing the written complaint;

1. Relevant Article of the Punishment of Violences, etc. Act, Article 2 (2) 1 of the same Act, Article 283 (1) of the Criminal Act, Articles 311 and 30 of the Criminal Act, and Articles 30 of the same Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Article 70(1) of the Criminal Act for the confinement of a workhouse.

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