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(영문) 춘천지방법원 영월지원 2015.06.05 2015고단110
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months and a fine of one million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. A gambling tank;

A. On March 2014, the Defendant: (a) lent KRW 8 million to assist the Defendant in gambling, knowing that he/she borrowed money to gambling in D cafeteria located in Gangwon-gun C, Gangwon-gu; and (b) lent KRW 8 million to E, G, H, etc.

B. On May 20, 2014, the Defendant: (a) lent KRW 2 million to the Defendant’s “J real estate” in the Defendant’s operation of I, despite being aware that K borrowed money to gambling with the needy persons; and (b) assisted and abetted gambling by lending KRW 2 million to K.

2. On June 23, 2014, the Defendant, at the construction site of LH apartment located at the center of the same Eup around 09:40 on the ground that the victim K (54 years of age) did not repay 2 million won, i.e., gambling funds, as described in paragraph 1-b, while she sawd, and took a dispute, the Defendant she saw knife a knife, which is a dangerous object kept in the ridge between his/her own car and the between the two vehicles, while the Defendant Danddd the victim with his/her knife.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police against K;

1. Application of Acts and subordinate statutes to police statements made to K, L, and E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 246 (1) of the Criminal Act, Article 32 of the Criminal Act concerning a crime;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (as to the crime of aiding and abetting gambling),

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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