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(영문) 대구지방법원 의성지원 2018.10.18 2018고정53

특수협박

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

The Defendant was a person working as a part-time worker at the D gas station located in Gyeongbuk-gun C, and the Defendant, who was the victim E (59 years old) who was the cause of the suspension from office for the above gas station in Pyeongtaek-gun, was able to file a complaint by referring to the Defendant, who was the Defendant, who was aged above the above 59 years.

피고인은 2018. 3. 30. 15:06 경 위 D 주유소 마당에서 세차를 하다가 피해 자로부터 ‘ 차가 밀렸다, 빨리 해 라 ’라고 반말 투로 질책하는 말을 듣게 되자 화가 나, 피해자에게 욕설하면서 주먹으로 피해자를 때려 피해자와 서로 치고받으며 싸우던 중, 갑자기 그 곳 서랍 장 위에 있던 위험한 물건인 과도( 총 길이 약 21cm , 칼날 길이 약 10cm )를 들고 나와 칼끝을 아래로 향하게 쥔 다음 피해자 멱살을 잡고 “ 죽여뿐 다 ”라고 소리치면서 피해자를 찌를 것처럼 행세하였다.

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to internal report (Attachment ofCCTV image analysis photograph);

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Special Consideration for the following reasons: the defendant is the first offender, is old, has agreed with the victim, and is economically difficult