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(영문) 광주지방법원 2020.02.19 2019고단3709

협박등

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

At around 20:40 on August 28, 2019, the Defendant threatened the victim on the ground that (i) the victim C (V, 76 years old), who was living in the back of the crime room (2019Haak-gu) was crypted by the Defendant, on the ground that (ii) the Defendant, while under the influence of alcohol, was crypted by the radio, and (iii) the Defendant was crypted by the Defendant.

Summary of Evidence (2019 Highest 3709)

1. Defendant's legal statement;

1. Application of C’s written Acts and subordinate statutes (2019Sang3709);

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (2019 altitude3709) - Reasons for sentencing under Article 334(1) of the Provisional Payment Order (2019 altitude3709): The defendant's mistake is recognized; the defendant is sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) on September 2017 and three years of suspended execution, and the judgment becomes final and conclusive on February 2018; the defendant committed the instant crime during the suspended execution period; the part dismissing the prosecution without agreement with the victim (2019 altitude4648)

1. On October 28, 2019, at around 16:00, the Defendant: (a) around 16:00, the summary of the facts charged: (b) around 16:00, on the ground that the Defendant was the victim F (e.g., 48 years of age) who was in the Dong-gu Gwangju-gu, the Defendant was faced with the Defendant’s bicycle and the Defendant’s bicycle was pushed against the victim F; (c) the Defendant was the head of the Defendant.

Accordingly, the Defendant assaulted the Victim F and G respectively.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

C. The victim F and G expressed their intention not to want punishment on January 28, 2020

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;