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(영문) 수원지방법원 2014.09.18 2013고정3474

특수협박

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 23, 2013, the Defendant, at the house of the Defendant located in the Gyeonggi-si, Gyeonggi-do, 301 Dong 301, 301, and 301 on September 23, 2013, the Defendant expressed the victim D (the age of 51) who expressed the Defendant’s desire to talk with the victim E (the age of 50) who is a workplace club fee, and the victim F (the age of 50) who found the victim, and threatened the victim with a deadly weapon, which is a deadly weapon (the knife length of 18cc, the knife of 13cc, the knife of knife of knife).

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness in relation to D and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The Defendant asserts to the effect that the Defendant’s assertion of defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order constitutes legitimate self-defense to defend the victims as his act was committed against the victims, and thus, constitutes legitimate self-defense to defend them.

According to the above evidence, when the defendant or his parents appear to open the entrance voluntarily, when the victims entered, the victims took the knife, the victims took the knife in the process of suppressing the defendant in order to hear the statement that the mother's spirit is abnormal from the mother of the defendant and to cut the knife the knife of the defendant (the defendant has a mental and therapeutic power), the father of the defendant was killed in the course of suppressing the defendant (the father's mental and therapeutic power), the injury of the defendant was ordinarily likely to occur in the course of cutting the knife the knife, and the victims did not exercise the additional knife immediately after the victims took the knife the knife.