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(영문) 대구지방법원 김천지원 2017.07.04 2017고정178

특수협박

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The defendants are one of the patriotic relationships, and the victim D(30) is the former husband of the defendant B.

1. Around January 13, 2017, Defendant A threatened the victim, who was frightly in front of the Gu and America, with the Defendant, with a strong half of the shoulder, which is a dangerous object in the road, and was in a dispute with the Defendant B, and thereby, threatened the victim.

2. Defendant B, at the time, at the place, and at the time, at the victim’s time and place described in paragraph 1, the victim, who was fM6 vehicle in the name of the victim at the scene, was killed with a 20,000 won of the market price, which is the victim’s possession on the above vehicle, by entering the scene, who was fM6 vehicle in the victim’s name at the scene and was able to have the victim scam.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 284 and 283(1) of the Criminal Act; selection of fines

B. Defendant B: Article 329 of the Criminal Act; Selection of a fine

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A partially reflects the instant crime.

However, the crime of this case is a threat, which is a dangerous thing of the defendant, to the same effect as the victim might be punished, and the crime of this case is not suitable in light of the method of crime.

At the time, it seems that the defendant was a dangerous object to protect B from damage, and it does not seem that it was a situation where the victim should move to.

Defendant has a record of criminal punishment once for violent crimes.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

2. The defendant B is a civil lawsuit between the crime of this case and the victim.