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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3064

특수협박등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 25, 2015, the Defendant:3:15, at the 350-ro, the main commercial building at Sinung-si, the 103-dong parking lot, and the victim D (the 45-year old) who is the Defendant’s wife, was driving his vehicle “Phhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

“I” and “Is the victim to whom Is the defendant is to comply.”

” 고 말하며 손으로 피해자의 목을 잡아 밀치는 등 폭행하고, 이에 피해자가 겁을 먹고 피해자의 차량 안으로 피신하자 피고 인의 차량 트렁크에 보관하고 있던 위험한 물건인 골프채( 아이언 샷, 전체 길이 약 80cm )를 꺼내

Along with the front door of the driver's seat of the victimized person, the term "to die without being unloaded from the vehicle."

Accordingly, the defendant assaulted the victim and threatened the victim by using dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of golf loans and photographs of victim vehicles Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 284 of the Criminal Act (the point of special intimidation), and the selection of each fine for a 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the degree of the special intimidation and assault in this case; (b) the confession and rebuttal of the defendant; and (c) the defendant has no record of being otherwise punished except for the punishment once in 1989; (d) the motive and background of the crime in this case; (b) the relationship between the defendant and the victim; and (c) the circumstances before and after the commission of the crime, etc. shall be determined by comprehensively taking into account all