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(영문) 제주지방법원 2016.09.30 2016고단235

협박등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 19, 2015, around 23:40, the Defendant was urged to “A victim E (57 years old) who was in the vicinity of D shooting distance in Jeju Island, and was recommended to “Abstin or Han-ju (57 years old) for a long time.”

Therefore, the victim is walking ahead of it without any word, and the defendant and the defendant are faced with the victim's behind it, and the defendant are placed in front of the crosswalk near the apartment distance near the Jeju apartment site, which is linked with Jeju.

The defendant will enter the house first at around 23:45 on the same day by the victim.

The victim thought that the victim partly avoided the victim's face, neck, and body part of the victim's face over several occasions with the victim's hand and elbow to the other defendant, and the victim pusheded the victim's face, neck, and body part.

As a result, the defendant suffered damage to the victim's body strings and other strings that require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F in part;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of CCTV images (the 31th page of investigation records)-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act and the selection of fines;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The provisional payment order: Judgment on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant's act constitutes a justifiable act, since he continued to have his head against the defendant when he had a dispute with the victim at the time of the instant case, and the victim got his head to the defendant several times.

2. (1) Determination is based on the spirit of the entire legal order as to "act which does not violate social norms" as provided in Article 20 of the Criminal Act.