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(영문) 광주지방법원 목포지원 2014.09.11 2014고단1040
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of seven hundred thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A [Violation of the Punishment of Violences, etc. Act (a collective action, intimidation) and the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.)] around 04:30 on October 11, 2013, the Defendant: (a) reported one-way of the victim G (the age of 21) and one-way of the frequently dangerous objects in both hands; and (b) took two-way of the empty Qacker’s disease, which is a dangerous object, at the nearest part of the victim H (the age of 21). On October 11, 2013, the Defendant threatened the victim G to the effect that the victim’s wounded the victim G, and cut off the victim’s damage, thereby preventing the victim’s damage.

Accordingly, the defendant carried dangerous articles and threatened the victim H, and put about about two weeks of treatment to the victim G, and the dives of dives and two sives of balance.

2. Defendant B (Interference with Business) committed a disturbance between approximately 20 minutes, such as the time and place specified in paragraph (1) of this Article, and the time and place of drinking, and the Defendant 2 obstructed the victim E’s performance of drinking business by force by force, by allowing other customers, who dumped off a disturbance between about 20 minutes, such as having the table dump, and having the table dump flow off.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of H and G:

1. Each police statement of the E, I, J, K, and L;

1. Investigation report (to attach photographs of the site and photographs of the suspect G damaged body);

1. Application of Acts and subordinate statutes of commission and reply;

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

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles);

B. Defendant B: Article 314(1) of the Criminal Act (Selection of Fine)

1. Defendant A from among concurrent crimes:

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