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(영문) 광주지방법원 순천지원 2012.03.29 2011고단3093
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

A Imprisonment with prison labor of six months and a fine of one million won, defendant B with a fine of two million won, and defendant C with a fine of four million won.

Reasons

Punishment of the crime

Defendant

C was notified of a summary order of KRW 500,000 as a crime of gambling on July 1, 1993, and sentenced to 10 months of imprisonment for the crime of habitual gambling on July 30, 1997 and 2 years of suspension of execution, and sentenced to a fine of KRW 5 million for the crime of habitual gambling on May 10, 2002, and sentenced to 1 year of imprisonment for a violation of the Punishment of Violences, etc. Act on August 13, 2003 and 2 years of suspension of execution, and was sentenced to a fine of KRW 10 million for the crime of habitual gambling at the Changwon District Court on October 6, 2008.

1. From around 21:00 to 23:00 on September 2, 201, the Defendants: (a) received each part of G gas station office operated by Defendant A, which was located in Syman City F, from 52 to 3:52, using a card, and issued one of them on the floor; (b) compared the number and the pattern, the Defendants set the order of priority by comparing each other; and (c) put one thousand won at each end of the card in the order of order; and (d) put a card received by each person in the last 1,00 in the number and the pattern; and (e) put a card game in the form of 50 times, a person with a high number of figures and the pattern of non-satis in the way of e.g., using this method.

As a result, Defendant A and B were stuffed, and Defendant C habitually gambling.

2. Defendant A

A. When the Defendant lost money while gambling at the above date, time, and place, he stolen 4 million won with money owned by the victim B on the table.

B. A violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) brought the kitchen knife (16cc in length) which is a dangerous thing at the same time and place, and brought the kitchen B into the victim B, and acted as if the victim would well throw away the knife.”

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of H by the prosecution;

1. Records of seizure;

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