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(영문) 창원지방법원 2016.09.28 2016고정680

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

The defendant is a driver of C in the Gu of Changwon-si, the Changwon-si, and the victim D (V, the age of 51) is a driver of the Dong fee of the defendant.

1. A special intimidation around 10:00 on April 18, 2016, the Defendant was drinking at the entrance door of the rest room of the C tea article at C, but the victim who was passing the place was forced to turn on the Defendant.

이에 피고인은 피해자에게 “ 뚱뚱 해서 그렇지. 3명은 지나가겠다.

In response, the victim made a threat to the victim as excessive (10cc in length of the blade) that is a dangerous object that he/she had used on the ground that he/she said that he/she was “the same as the cirr,” and that the victim said that he/she was “the same as the cirr.”

The Defendant, who wishes to be the victim of the damage, is the victim to be the victim of the damage.

“In doing so, the victim threatened the victim by threatening him/her with an excessive loss, thereby threatening him/her.

2. When the injured defendant threatens the victim as set forth in paragraph 1, the victim shall be aboard the bus he/she drives.

As a result, the Defendant, who was listed on a bus with the victim, committed an injury to the victim, such as the victim’s breath of “years,” and breathing the victim’s breath, resulting in an injury, such as the breath of the breath and the dial dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to death diagnosis reports and investigation reports (Attachment of photographs);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283 (1) of the Criminal Act (the point of special intimidation, the choice of fines), and Article 257 (1) of the Criminal Act (the point of injury and the choice of fines) concerning criminal facts;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;