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(영문) 수원지방법원 성남지원 2019.10.10 2019고단800

특수상해등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 21:00 on December 13, 2018, the Defendant: (a) expressed the victim’s desire to the defective victim that the victim C, who is the Defendant’s residence located in Gwangju City, to the extent that it does not actually infringe upon the Defendant’s right to defense; and (b) revised ex officio, without modification to the indictment, the Defendant, to the extent that C, “I am feb as soon as febb feb feb feb feb feb feb feb feb feb feb feb feb feb feb.”

In order to protect the victim, the victim seems to have been threatened.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, witness D, and E;

1. In the suspect interrogation protocol against the defendant, some statements ("Intimidation" required to establish a crime of intimidation under Article 283 of the Criminal Act is generally notifying the other party of harm sufficient to cause fear to the person who has become the other party. Whether such threat is a threat of harm or injury ought to be determined by comprehensively taking into account the various circumstances before and after the act, such as the offender and the other party's tendency, surrounding circumstances at the time of notification, relationship between the offender and the other party, status, and the degree of friendship (see, e.g., Supreme Court Decision 2011Do10451, Aug. 17, 2012). Considering the situation at the time of dispute acknowledged by each of the above evidence, motive, surrounding persons after the act of the defendant, the defendant’s oral statement, etc. is likely to cause a dispute, and thus, the defendant is sufficiently likely to cause fear of the victim to the extent that the victim did not have any danger or injury.

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