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(영문) 인천지방법원 2015.05.22 2015고정564

폭력행위등처벌에관한법률위반(공동협박)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant was aware of the fact that the defendant's deniedr D and the victim E have brought about internal ties for about nine years.

At around 21:10 on July 25, 2014, the Defendant: (a) had led to an internal relationship for about 9 years with the victim E (the age of 43) at the Nam-gu Incheon Metropolitan City G main store, Nam-gu, Incheon; (b) however, at all, the Defendant did not seem to have a reasonable appearance; (c) stated a letter demanding the victim to pay KRW 50,000,000 to the victim; and (d) stated that the Defendant would have caused the death of the same flap; and (d) stated that “F would have caused the death of the same flap,” and “F would have caused the victim to flap, “I will remove the flap, flap, and dispose of the flap,” and made a joint threat to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The protocol of interrogation of the police officer regarding F (the defendant and his defense counsel asserted that the defendant was next to F at the time of the instant case, and that there was no threat of the victim jointly with F, but considering the macroscopic evidence, the defendant could sufficiently recognize the fact that the defendant threatened the victim jointly with F, so the above argument is groundless). The application of law to F is without merit.

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.