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(영문) 의정부지방법원 고양지원 2019.05.23 2019고정165

특수협박등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A special intimidation Defendant became a victim D(59 years of age) and a trial due to the issue of the interim placement fee within the building B at Pariju on November 17, 2018, and the office in C office in the first floor.

Accordingly, the Defendant, in his hand, sealed the victim D's chest into the flab, putting the victim D's chest into the flab, followed the phrase "blabing, mixed with the blabing," and threatened the victim D's blab by using the kitchen, which is a dangerous thing in the clabing, with the kitchen, which is a kitchen, around 30cm, and the test flabing hand.

Accordingly, the defendant carried dangerous objects and threatened the victim D.

2. The Defendant spits the victim E, who is the spouse of the above D’s spouse, as if he were aware of the Defendant’s remarks that are different from the facts, and spits the victim E’s face at the time and place mentioned in the above paragraph 1.

Accordingly, the Defendant assaulted the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Determination as to the defendant's assertion of each police's statement against D and E

1. The Defendant asserted that he was aware of a special injury inflicted on the victim D in this court on the first trial date, but denied that he did not spit the victim E.

However, in the written opinion submitted on April 23, 2019, the defendant argued that the defendant's act of intimidation and intimidation constitutes self-defense or excessive self-defense against the victim's refusal to leave.

2. Determination

A. According to the victim D, E’s investigative agency and the victim’s statement in this court (specific and consistent, consistent, and consistent with the major situation at the time of the instant case and before and after the instant case, its credibility is recognized), it can be sufficiently recognized that the Defendant carried a kitchen, which is a dangerous object, threatens the victim D with a kitchen, and spits the victim E’s face, thereby threatening the victim E.

B. Meanwhile, on the other hand.