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(영문) 광주지방법원 해남지원 2016.06.09 2016고단145

특수협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From July 2015, the Defendant maintained de facto marital relations with victims C (n, 52 years of age) from around July 2015, and C was dissatisfied with the fact that not only borrowed business funds but also did not use money in a usual manner.

1. Special intimidation;

A. The Defendant, around 11:00 on April 19, 2016, at his own house located in Dondonnamdon, knife (the total length: 26cm, 13.5cm in length: : 13.5cm in length) and knife the part of the part of the victim C, and then discarded to the victim “if the Defendant did not make an answer to the end of the horse, or was dead at the end of the day.”

“.....”

B. Around 21:00 on April 19, 2016, the Defendant moved the victim C to the Fado Fado by burning the victim’s car to his Efado, Gun Fado. On the other hand, the Defendant cut off the cab, which is a dangerous object in the Agrgular road, to the victim, and the Defendant was killed when coming to this network.

“.....”

Accordingly, the defendant carried dangerous objects two times in total and threatened the victim.

2. On April 20, 2016, the Defendant: (a) around 08:30 on April 20, 2016, at HDao operated by the Victim C in Hadondondon G, and (b) intending to collect money from the victim C without the victim C’s permission, the Defendant satisfyed the victim I (or 26 years of age) from the victim I (or sat 26 years of age) and satisfyed the victim I’s satch; and (c) satched the victim I’s satfum in the main room, satched the television on the floor; and (d) satched the satch, sathe

Accordingly, the defendant assaulted the victim I, and damaged the victim C's property to be an unpresumed repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and I;

1. A protocol of seizure and a list of seizure;

1. Photographs of damage scene;

1. Application of Acts and subordinate statutes on investigation report (general, witness J telephone communications);

1. Relevant Articles of the Criminal Act and Articles 284 and 283 of the Criminal Act for criminal facts, the choice of punishment, and the Criminal Act.