beta
(영문) 인천지방법원 2018.04.18 2017고단8509

특수협박등

Text

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

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

Reasons

Punishment of the crime

Defendant

It is in a de facto marital relationship with the victim C (n, 46 years of age).

1. On October 17, 2017, around 15:45, the Defendant: (a) was staying home in the Defendant’s residence in Nam-gu Incheon Metropolitan City D 404; and (b) was visited with the victim to make reconciliation, and the victim was about to live well without the charging machine.

"Along with the walking of a female in the way of her arm's length, the her arm's length was taken by drinking in front of the fourth elevator of her four-time, and the her face was taken by hand, with the victim's hair, and the victim was inside the left-hand side in need of approximately two weeks of medical treatment, and the her part was boomed by the victim.

2. Special intimidation: (a) the Defendant, at the time and place specified in paragraph (1) above, uses excessive (20 cm in total length, 9 cm in length) in the kitchen while assaulting the victim as set forth in paragraph 1; (b) and (c) incurred excessive damages.

As such, the victim was threatened, such as “the dead,” etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of injury to a victim);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the selection of fines for the crime;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant shall confession the crime of this case, and make his mistake.