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(영문) 대구지방법원 2018.02.08 2017고단3003

특수협박등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

On July 24, 2016, at around 04:00, the Defendant was injured by the Defendant’s house located in the Daegu Suwon-gu Incheon Metropolitan Apartment Complex 211 on July 24, 2016, in the course of preventing the victims interested in the dispute with the victim D (n, 26 years of age), the face of the female was 1 time, and the victim was injured by the Defendant, who was walking side gul and body flick, for about three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The Kakao Stockholm messages and the Kakao Stockholm dialogue;

1. In light of the medical certificate of injury, E Han medical treatment register, and F Han medical treatment certificate [the above part] sent and received by the victim and the defendant (Evidence No. 141, 143, 148, 159 of the evidence record), the victim actually received medical treatment at the victim's own meeting, and the victim's new male-child group committed assault against the defendant at the time when the victim resisted the victim by telephone, it is found guilty of the above part]

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for various sentencing indicated in the pleadings of the instant case, such as the degree of injury to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, relationship between the Defendant and the victim, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as set forth in the text.

The acquittal portion

1. Facts charged;

A. On July 24, 2016, at around 04:00, the Defendant: (a) requested the victim D (here, 26 years of age) to release the mobile phone password; (b) refused this request; (c) made the victim’s face one time at drinking; and (d) took the side of the mouth and body fright, and caused injury to the victim, which requires approximately three weeks of treatment.

(b) special intimidation;