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(영문) 의정부지방법원 2014.04.23 2014고단480
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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Defendant

A Imprisonment for one year, Defendant B and C shall be punished by imprisonment for each of eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendants are foreigners of the nationality of Bangladesh, and victims E are foreigners of the nationality of Bangladesh who are illegal aliens.

1. On January 30, 2014, at the fourth floor of G building located in Macheon-si F around 01:00, Defendants 1 and 2 were flick-si, without any reason, at the time of the Defendant’s flick-si. Defendant A flick-ro walked one time to the victim’s skes, and Defendant B (hereinafter “Defendant B”) flick the victim’s side skes going beyond the floor, and the victim’s face and head was flick-si, and Defendant C (hereinafter “Defendant C”) was flick-si to the victim’s face and head.

As a result, the Defendants jointly inflicted an injury on the victim, such as a sub-fluoral combination part and the left-hand fluoral part, which require approximately six weeks of treatment.

2. Defendant A stated, at the time, at the place specified in paragraph (1) and at the place, the kitchen knife, which is a dangerous thing in the kitchen, that is, a kitchen (30 cm in the length of the kitchen), that the victim snife, and that “if a report is filed with the police, it shall be taken off, and sent to the illegal aliens.”

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

Summary of Evidence

1. Each legal statement of Defendant B and C (second time);

1. Partial statement of Defendant A;

1. Each police statement of E and H;

1. A written statement of I and J;

1. Prosecution investigation reports;

1. Application of a medical certificate, bodily injury photo, on-site photograph, and statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 3(1) and 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation, etc.)

B. Defendant B and C: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

1. Defendant A from among concurrent crimes: Criminal Act;

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