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(영문) 대구지방법원포항지원 2020.10.07 2020고단824

특수협박등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

The guilty part (special intimidation) defendant is the husband of the victim B (the 36 years of age).

At around 00:50 on May 28, 2020, the Defendant: (a) at the residence of the Defendant located in Nam-gu C apartment site D at port; (b) while having a horse dispute with the victim; (c) while having been doing so, the Defendant had a knife blade ( approximately 30 cm in total length, approximately 20 cm in length on the day); and (d) had a knife knife for the part of the victim on three occasions, and threatened with any harm to the body of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Reporting on the occurrence of a suspected incident, such as special intimidation, damage photographs, family relation certificates, marriage relation certificates, certified copies of resident registration cards, and family environment investigation reports;

1. Relevant laws and Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The risk of committing a crime using a major knife for sentencing under Article 334(1) of the Criminal Procedure Act, the risk of criminal punishment, the fact that there is no criminal punishment force, the decision of a protective disposition of home protection cases in 2017 using the same knife, the victim’s agreement and divorce procedure, and other various conditions of sentencing as shown in the records and arguments, such as the motive, result, circumstance after committing the crime, age of the defendant, character and conduct, environment, etc.

Public prosecution dismissal part (Assault) The defendant, at the time and place stated in the facts charged, followed the victim who entered the victim's toilet with the defendant as the damaged toilet, "I will also die with the president without permission of the victim", and the defendant was stroked with the victim's hand.

Accordingly, the defendant assaulted the victim.

Judgment

This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, and is a victim under Article 260(3) of the Criminal Act.