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(영문) 인천지방법원 2018.07.05 2018고단1286

협박

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is currently a separate couple who married on July 12, 2014 between the victim B (n, 25 years of age) and the married couple on July 12, 2014.

피고인은 2018. 1. 9. 12:21 경부터 같은 날 14:31 경까지 사이에 자신의 주거지인 인천 남동구 C 건물, D 호에서, 피해자가 평소 시댁 식구들에게 잘 하지 못한다는 이유로 화가 나 피해자에게 휴대전화로 “ 지랄하고 있네,

It should be followed from the same year of the launch, such as Russia, Russia, Lussia, today's day, it is also limited to a funeral place, a place to which Russia, Mart Work, and a funeral place, a place to which Russia had worked, a place to which they would remain or remain, and a witness would be able to do so;

Finally, Doz. Doz.

The text messages sent the victim’s attitude to kill the victim’s mother.

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photograph the contents of E dialogue;

1. Relevant Article 283 of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the nature of the crime is not good in light of the content and circumstances of the instant crime; (b) the several times of punishment for violent crimes; (c) the record of criminal domestic violence committed in 2016, which was committed by family protective disposition; and (d) the Defendant should be strictly punished in light of the fact that the crime was committed during the period of probation.

However, considering the fact that the defendant was aware of committing a crime and did not repeat again, the victim who is the spouse, and the fact that the defendant committed a contingent crime at the end of the infertility between the victim and the family, and the fact that there is no risk of recidivism as the divorce has been held at present, circumstances favorable to the defendant shall be considered in favor of the defendant, and other circumstances shown in the records and arguments, such as the defendant's age, sex and environment, background of the crime, circumstances after the crime, etc.,