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(영문) 대구지방법원 2014.07.03 2013고단6979
폭력행위등처벌에관한법률위반(공동강요)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, C, D, and E are the occupants of the Fashion, and the victim G (the age of 62) is the chairperson of the Fashion Residents' Council.

Around September 21, 2013, the Defendant, C, D, and E opened a public hearing with the occupants in front of the Daegu Suwon-gu Flag Flag Management Office on September 1, 2013, the Defendant and C, D, and E opened the public hearing and entered the public meeting as “the president (victim)” and conducted the demonstration, and entered the victim as a damaged management office at the entrance of the office, and opened the victim in front of the victim in front of the damage management office at the entrance of the office, and prevented the victim in front of the report, the Defendant, C, D, and E from spreading, and “I do not have the signature in the certificate of resignation as soon as possible, I do not have the signature in the certificate of resignation, and if you do not sign it, I do not have to do so, I have the victim to sign the certificate of resignation prepared in advance.”

As a result, the defendant, C, D, and E jointly threatened the victim with a non-obligatory act.

Summary of Evidence

1. The defendant's partial statement in each legal statement of witness G, H and I;

1. A protocol concerning the examination of each police suspect against E, D, or C;

1. Application of Acts and subordinate statutes governing resignation certificates;

1. Article 2 (2) and (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 324 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that, as the victim committed the crime of embezzlement, etc., the Defendant is strictly punished in light of the following: (a) the crime of compelling the victim to sign his/her certificate of resignation by inciting the resident as if the victim committed the crime of embezzlement, etc.; (b) the nature of the crime is bad; and (c) the victim does not request the victim to sign

However, the age of the defendant is 72 years of age, the victim did not cause the resignation of the chairperson of the council of occupants' representatives, and the primary offender is other character, behavior, environment, motive, means and result of the crime, relationship with the victim.

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