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(영문) 대구지방법원 2016.07.21 2016고단924

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. 상해 피고인은 2015. 7. 20. 11:00 경 대구 중구 D에 있는 피해자 C( 여, 74세) 의 집으로 찾아가 피해자에게 “ 니가 다른 사람들한테 나를 사매( 요사스러운 귀신 )라고 말하고 다닌다며 ”라고 소리를 지르면서 양손으로 피해자의 뺨을 수회 때리고, 그 곳에 있던 쓰레기통으로 피해자의 온몸을 때리고, 피해자의 머리채를 잡아 문지방 위로 내리치고, 이에 피해자가 대구 중구 E에 있는 F의 집으로 도망가자 피해자를 쫓아가 주먹으로 피해자의 눈을 때리고, 발로 피해자의 옆구리를 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as the cage of cages and walls that require treatment for approximately 42 days, and the 28-day cages that require treatment.

2. A special intimidation: (a) around July 20, 2015, the Defendant stated in the indictment in excess of the F’s house located in Daegu Jung-gu, Daegu-gu, as stated in the foregoing paragraph, that the Defendant was “Aggravated” in the indictment, which is a dangerous thing in the said place; (b) however, according to evidence, the Defendant’s goods incurred at the time are deemed to be “aggravated” rather than “Aggravated,” and the identity of the facts charged is recognized, and such recognition is recognized to the extent that the Defendant’s exercise of his/her right to defense is not impeded.

Then, I threatened the victim's interest as if he would inflict a threat on the victim's interest.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of the witness F;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Articles 284 and 283(1) of the Criminal Act;

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. Reasons for sentencing under Article 25 (3) 3 and Article 32 (1) 3 (where the scope of liability for compensation of the defendant is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. The sentencing criteria shall be;