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(영문) 창원지방법원 통영지원 2017.10.31 2017고정294

특수협박등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A ( South, 48 years of age) is between the victim C ( South, 55 years of age) and the alcohol treatment mental hospital prior to approximately two years, while being hospitalized in the mental hospital for alcohol treatment.

1. A special intimidation: (a) on March 21, 2017, the Defendant 200:30, while drinking alcohol together with a female-friendly room visited by the Defendant inside the apartment house of the victim No. 211, the Defendant 200:30; (b) on the ground that the victim, who was taking the form of the Defendant’s drinking in a female-friendly Gu, was sent to the female-friendly Gu by the Defendant on the apartment in the letter of the distribution in the military market, he she was fluencing a fluor of a fluor, which is a dangerous object on the drinking, and flusing a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluenc.

"Intimidation, such as threatening" was threatened.

2. The act of the above 1. Paragraph 1. at the same date and at the same place as the above 1. Paragraph 1. The victim, following the act of the above 1. Paragraph 1., destroyed the victim's cell phone by deducting the victim's hand phone from his own cell phone in order to make a report on 112, thereby overcoming the market price of 450,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes reporting on internal investigation, investigation reports and investigation results;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines, respectively;

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. Although an agreement has been reached between the Defendant and the victim as the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, there were several criminal records leading to several times against the Defendant, and in light of the fact that the method of the instant crime is considerably dangerous and violent, the fine of KRW 5 million cannot be deemed excessive, so the sentence shall be determined as per the order.