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(영문) 의정부지방법원 2016.02.04 2015노2821
폭력행위등처벌에관한법률위반(공동협박)교사등
Text

1. The judgment below is reversed.

2. Defendant A

(a) Defendant A shall be punished by imprisonment for eight months;

(b) this judgment, except that it is a judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendants A (A) misunderstanding the facts or misapprehension of the legal principles, Defendant A (a) committed an act of assault, etc. against the victims by misunderstanding the fact or misunderstanding of the legal principles, while making F and F inf currency at a favorable opportunity. The F, which goes beyond the sense of justice, took part in E in their friendship, and E has committed an act of assault, etc. against the victims by leaving them in U,V, W, etc.

Therefore, as stated in Paragraph 1 of the facts constituting the crime in the judgment below, the defendant did not have any specific criminal resolution to E, F, R, etc., and therefore, the defendant assisted the defendant to commit special assault, special intimidation, or damage to special property.

shall not be deemed to exist.

B) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the community service time of 80 hours) is too unreasonable.

2) Defendant D (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

3) Defendant E (unfair sentencing)’s punishment (in prison labor for 10 months) is too unreasonable.

B. According to relevant evidence regarding the violation of the Punishment of Violences, etc. Act (joint intimidation) against Defendant C, G, and I, it is reasonable to deem that the Defendants’ act constitutes a threat of harm and injury to the extent that the victims may cause fear. Thus, this part of the facts charged is guilty.

Nevertheless, the court below found the Defendant not guilty of this part of the facts charged. The court below erred by misapprehending the facts.

B) In light of the fact that R, which is well aware of the situation at the time, has made a statement that corresponds to this part of the facts charged, with respect to some special intimidation against Defendant E and F, this part of the facts charged is found guilty.

Nevertheless, the court below found the Defendant not guilty of this part of the facts charged. The court below erred by misapprehending the facts.

C) Regarding the special conflict with Defendant D, five persons, including Defendant D, find the victim P's shop.

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