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(영문) 서울남부지방법원 2018.06.22 2018고정554

특수협박등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around 15:00 on September 13, 2017, on the ground that the Defendant had a sexual intercourse with the victim C (at the age of 21) living in the Gangseo-gu Seoul Metropolitan Government B Building 206 heading room (at the age of 21) with the Defendant’s friendship D; (b) brought a watch, which is a dangerous object on the troke line between his/her own vehicles, and brought the victim’s arms on his/her left hand; and (c) brought the victim’s arms on his/her left hand.

“In doing so, as they threaten the arms of the victim, as they would be at the time of their arms.”

Accordingly, the defendant threatened the victim with dangerous things.

2. Around September 16, 2017, the Defendant assaulted the victim by doing a dangerous act, such as making the victim her neck one time by hand on the ground that the victim was in a sexual intercourse with D, and attempting to see the victim with a salted fish, at the main point of “F” located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, on September 16, 2017.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a means of intimidation with dangerous articles), Article 260(1) (a) of the Criminal Act, and the choice of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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