beta
(영문) 대전지방법원 2018.07.20 2017고단4948

특수협박

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the victim C (ma, 58 years old) and the legal father and wife, and the victim D (ma, 33 years old) and female.

On January 16, 2017, the Defendant: (a) at the Defendant’s house located in Daejeon Jung-gu, Daejeon; (b) at the Defendant’s house located in Daejeon-gu, Daejeon-gu on January 16, 2017; and (c) on the ground that the Defendant, while making a dispute with the Victim C, he/she was going to late and returned to the Defendant, the Defendant’s desire to “salty” was defective; and (d) the Defendant did not wish to do

For the reason that mas and girls have neglected themselves, "The head of the knife will be discarded against the knife by the knife."

The victim D enters a room for damage, opened a door, and made a visit, and continuously set up a head to the victim C, and continuously throw the head to the victim C.

The term "" refers to "the person who is a dangerous object, was collected from the victim C, and the fraud, etc. that was placed on the table, was collected by the victim C.

Accordingly, the defendant threatened the victim D and threatened the victim C by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the statutory statements made by C and D to the witness C;

1. Article 283(1), Article 284, and Article 283(1) (a) of the Criminal Act and Article 283 of the same Act concerning facts constituting an offense, the selection of a fine, respectively;

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. The sentencing of Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment is not easy to commit such crime as threatening the victim C who is his spouse and the victim D who is his or her father.

However, it is recognized that all the charges of the Defendant changed, that is the first offender who had no record of the crime before the instant case, and that the victim C filed a divorce lawsuit with the Daejeon Family Court on August 25, 2017, and then the divorce lawsuit at the Cheongju District Court is currently filed.