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(영문) 부산지방법원 2016.10.12 2015고단7284

특수협박

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 28, 2015, at around 15:25, the Defendant: (a) provided a bath to the victim C, etc. (the 68-year-old) who had been under the influence of alcohol and refused to drink with the victim C, etc. (the 68-year-old-old-old-old-old-be), and (b) threatened the victim by putting an empty-be disease, which is a dangerous object, into the park bed from the park bed and harming the victim by breaking it into the park bed.

Summary of Evidence

1. Legal statement of witness D or C (the second trial date, part) ;

1. Statement of the police statement regarding C;

1. The defendant alleged that his/her photograph [the defendant's disease was broken off by hand, but he/she did not shake the victim as if he/she was a witness. However, it was acknowledged by the evidence duly adopted and investigated by the court, that is, it was recognized by the investigation agency that the defendant was faced with the illness at the time of the instant case. The circumstances leading up to the investigation agency, E's dispatch of the defendant to the scene where the crime was committed, the process leading up to arresting the defendant as a flagrant offender, the circumstances leading up to the police officer's arrest of the defendant as a flagrant offender, the details leading up to the victim's statement to the police box immediately after the crime was committed, and the contents of the statement are objectively rational; the defendant and the victim prepared a written agreement and submitted it to the police station after the formation of the crime; the victim's statement to the investigative agency and the victim's statement to reverse the above statement made by the investigative agency; considering the above evidence, the defendant's assertion that the defendant's desire to injure the victim's disease is not accepted sufficiently.

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The Criminal Act for the detention of a workhouse;