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(영문) 대구지방법원 안동지원 2021.01.26 2020고단616

협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in a dynamic relationship with the victim B (n, 45 years of age) from December 2009 with the first and second dynamics of the elementary and secondary schools. On May 2018, the Defendant was in a dynamic relationship.

1. On March 4, 2019, the Defendant committed the crime at around 07:15, March 4, 2019, at around 07:07:15, the Defendant discovered the victim who is going to work in front of Suwon-gu, Suwon-si, and at the same time, found the victim who was going to work at work in telephone with the victim (as of March 3, 2019), but driving the Defendant’s driving car with the driver’s driver, and the Defendant was able to see the victim with the victim, and the Defendant was able to see the victim.

The phrase “the victim,” and made intimidation, as if he were likely to inflict physical harm on the victim.

2. On October 22, 2019, the Defendant committed the crime: (a) around October 22, 2019; (b) around permanent residence around October 22, 2019; (c) the Defendant using the Victim’s Kakao Stockholm and the Defendant using the Victim’s Kakao Stockholm

(c) Gindo dies.

Hdoz. I J. Doz.

By transmitting the message “Ch”, the message was sent to the victim and his family members as if they would inflict physical harm on the victim and the victim’s family members.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each police statement protocol (2,10,17) as evidence (2,10,17) as to B (2, 105, 106, 106, i.e., Kakao Stockholm photographs and dialogues);

1. Relevant Article 283 of the Criminal Act concerning the facts constituting an offense and Article 283 (1) of the Criminal Act concerning the selection of punishment;

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 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In full view of the circumstances under the grounds for sentencing under Article 62-2 of the Social Service Order Act and other records and changes, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the punishment as ordered shall be determined in light of the following circumstances.

Unfavorable circumstances: The method and mode of the instant crime, the content of the text message sent by the Defendant to the victim, the relationship between the Defendant and the victim, etc.