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(영문) 대구지방법원 김천지원 2015.10.08 2015고단971
폭력행위등처벌에관한법률위반(공동협박)
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violence, etc. Act (joint intimidation) came to be trial expenses on July 31, 2015, on the ground that: (a) around 01:50 on July 31, 2015, the victim E (year 42), the victim F (nive, 34) who was drinking in the next table table was drinking by Gumi-si C, and (b) the victim F (nive, 34) were replaced by themselves.

Defendant

A은 그곳 테이블 위에 있던 빈 소주병을 손에 치켜들고 피해자 E에게 “야, 너 나이 몇 살이야 확 죽이 뿌까 좃 만한 새끼야.”라고 말하고, 피고인 B은 피해자 F에게 신체에 어떤 위해를 가할 듯한 태도로 삿대질을 하면서 “왜 쳐다보는데 이 씨발년아. 왜 쳐다보는데 이 씨발년아.”라고 수회에 걸쳐 욕을 하였다.

Accordingly, the Defendants jointly threatened victims.

2. The Defendant of the obstruction of the performance of official duties by Defendant B committed an act of intimidation at the same date and time as indicated in paragraph (1) above, and at the same place as indicated in paragraph (1), the Defendant investigated the details of the report and the details of the damage, etc. by the staff of the G police box of the old U.S. police station, who was dispatched after being 112 reported, and committed an act of assaulting Defendant B, such as: (a) he did not appear to have been arrested a flagrant offender due to the suspicion of joint intimidation, and (b) he was able to have his chest carried on three occasions by hand on the right hand.

Accordingly, the defendant interfered with the police officer's 112 reporting duty and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the F, E, and H;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of a copy of work place);

1. Article applicable to criminal facts;

(a) Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act and Article 283 of the Criminal Act (a)

B. Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act, and Article 136(1) of the Criminal Act.

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