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(영문) 서울서부지방법원 2015.04.10 2012노139
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The part of the lower judgment against Defendant A (excluding the part dismissing public prosecution) and the part not guilty against Defendant B, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s indictment in the instant case constitutes a case where the prosecution procedure is invalid due to violation of the provisions of law, and thus, the judgment of the court below is erroneous in the misapprehension of legal principles as to the principle of an indictment only, even though the judgment of the court below should be pronounced. 2) In light of the legal testimony of R of misunderstanding of facts, the court below convicted Defendant A of violating the Act on the Punishment of Violences, etc. (collective, deadly weapons, etc.) by using it as evidence.

Even if it is recognized that the defendant threatened R, there is no evidence to acknowledge that the defendant conspiredd with 5-6 male in his name, only a simple crime of intimidation shall be recognized. Since R expressed its intention not to punish, it should be sentenced to the judgment dismissing the prosecution.

3) The sentence imposed by the lower court on the Defendant (one month of imprisonment and two years of suspended execution) is too unreasonable and unfair. (b) According to the evidence submitted by the prosecutor (as to the Defendant, the lower court may be found guilty of all the charges of intimidation against Defendant A’s victim N, violation of the Punishment of Violences, etc. Act (joint conflict), violation of the Punishment of Violences, etc. Act (joint coercion), violation of the Punishment of Violences, etc. (collectively Intimidation), violation of the Punishment of Violences, etc. (collectively Intimidation), and violation of the Punishment of Violences, etc. Act (collectively Intimidation).

2. The facts charged in the case are as shown in the annexed sheet.

3. The judgment of the court below

A. As to the Defendants’ assertion of violation of the principle of an indictment only against the defense counsel, all of the facts stated in the instant indictment are somewhat vague. However, all of the facts stated in the first head of the criminal facts stated in the judgment are the activities of the Defendants either join a violent organization or related companies.

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