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(영문) 수원지방법원 2019.03.08 2019고단88

특수협박등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A special intimidation: (a) around 13:00 on December 27, 2018, the Defendant threatened the victim with the “D” restaurant operated by Suwon-si, Suwon-si (hereinafter referred to as “D”) with the victim having a de facto marital relationship with the victim due to a large amount of drinking alcohol, and the victim took a dispute with the victim who was in a de facto marital relationship with the victim.” (b) the victim suffered from the defect of the phrase “to report to the police.” (c) the victim’s knife of industrial knife (hereinafter referred to as “the total length of 22cm, knife length of the knife) by threatening the victim’s knife at the right side of the victim, and threatening the victim to “the knife and knife his wife.”

2. On December 27, 2018, the Defendant causing special property damage: (a) sought to enter the restaurant as indicated in the foregoing paragraph (1) around 18:25, but, when the door was unable to enter, the Defendant destroyed the glass wall to cover KRW 300,000 of the repair cost by putting the glass wall managed by the said victim out of a simplified cover of plastic materials (60cm in length, 60cm in length, 60cm in length) located adjacent to the restaurant, which is a dangerous object that the chemical was set up adjacent to the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Damaged glass walls, photographs of the glass walls, and kackers' photographs for work of damaged D restaurants;

1. A report on investigation (Attachment of CCTVs for crime prevention and video CDs), and a photograph by capturing the video data of CCTV for crime prevention;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of written statements of reference E-written statements), and copies of written statements;

1. Relevant statutory provisions concerning criminal facts: Articles 284, 283(1) (a) of the Criminal Act; Articles 369(1) and 366 (a) of the Criminal Act; Articles 369(1) and 366 (a) and (b) of the Criminal Act; selection of fines (i.e., confession, reflectivity, and the fact that the victim does not want the punishment of the defendant);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;