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(영문) 대구지방법원 경주지원 2020.06.24 2019고단535

특수협박

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 47 years of age) and the South son.

At around 23:00 on June 22, 2019, the Defendant: (a) reported that his wife and her her son and her her son B (her son, 48 years of age) were disputing the issue of time by her mother; and (b) made it difficult to view that her son and her son and son (her son, her son and son) were in the issue of time for her mother’s death; (c) threatened the victim with her knife and her knife and her knife, and threatened the victim with her knife and knife, and brought the victim with her knife and knife, and brought the victim’s knife to death.”

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

Summary of Evidence

1. Legal statement of the defendant to the effect that the defendant has threatened the victim (the second court date);

1. The legal statement of a witness B made to the effect that he/she is threatened by the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Special Intimidation and Selection of Fines) concerning the crime;

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;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act to bear litigation costs is that the victim satisfed a large fear at the time, in light of the form of the instant crime and the content of the harm notified.

However, it shall be considered as a favorable sentencing factor, such as the fact that the defendant is against himself, the dispute between family members, the fact that the victim does not want to be punished for the defendant, the fact that the victim has a previous conviction, but has no record of fine.

Other conditions for sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the disposition in consideration of the overall circumstances.