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(영문) 춘천지방법원 원주지원 2015.09.22 2015고단602
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

A and B shall be punished by imprisonment for eight months, and Defendant C shall be punished by a fine of KRW 5,00,000. Defendant C shall be punished by the said fine.

Reasons

Punishment of the crime

1. On March 27, 2015, Defendant A and B violated the Punishment of Violence, etc. Act (collectively weapon, etc.), Defendant B, on the ground that the victim F (the 59 years of age) took away the vehicle of high-water store in front of the “E” in the original city D at around 17:30, 2015, Defendant B took a bath to the victim, and Defendant B took a bath to the victim, stating that “this shall not be caused to death,” while Defendant B took an action to remove the victim by inserting the vehicle of high-water store in front of the “E” operated by the original city D.

Accordingly, the Defendants threatened the victim by carrying dangerous objects.

2. Defendants A, B, and C violated the Punishment of Violences, etc. Act (joint assaulting Defendants), at the same time, at the same place and place as paragraph (1), Defendant A and B carried the chest of the above victim F by hand.

After that, Defendant A, by hand, took the victim's head knife, led the victim's head knife toward the upper part of the center, knife and boomed the victim's head knife by other hand. Defendant C, in combination with this, knifed the victim's head knife with the victim's head knife at the front part of the vehicle in the near part of the victim's head knife.

Accordingly, the Defendants jointly assaulted the victim.

Defendant

C asserts that the remaining Defendants did not assault the victim jointly.

그러나 아래의 증거들에 의하여 인정되는 다음의 사정들, 즉 ① 당시 상황을 목격한 G는 피고인들이 피해자에게 욕설을 하면서 피해자를 둘러쌌고, 그 중 한 명이 피해자의 머리를 잡고 차량 유리창에 부딪히도록 하였다고 진술한 점, ② 피해자는 사건 당시 피고인 C이 썬글라스를 착용하고 있었는데, 자신의 머리카락을 잡고 차량...

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