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(영문) 서울북부지방법원 2017.04.13 2016고정2388

특수협박등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who resides in the third floor of the Seoul Jung-gu Seoul Metropolitan Government Housing, and the victim D (V, 52 years old) is a person who resides in the fourth floor.

1. On August 21, 2016, the injured Defendant: (a) parked the vehicle in front of the victim’s male-gu E ( South, 53 years old) in front of the Seoul Western-gu Seoul Metropolitan Government Housing on the ground that he was parked in the vehicle in front of this main gate; (b) made the victim’s neck with the victim due to the victim’s bomb hand while making the victim’s bomb, and caused the injury, such as the afterma and the afterma of the boom, which requires approximately two weeks of treatment.

2. A special intimidation Defendant, without participating in paintings at a time, at the same time, at a place as above 1 paragraph (1), uses a steel bar (76 cm in total length) located inside the bed gate and disposes of the victim’s death.

In other words, "I want to do so, I threatened the victim as the victim would inflict any harm."

3. The Defendant damaged property at the same time and at the same place as the above 1 paragraph, by continuously cutting the victim’s front door glass with his/her right blusium, thereby destroying the property in a way that approximately KRW 100,000 of the repair cost.

Summary of Evidence

1. Legal statement of the defendant (special intimidation and point of destruction of property);

1. Legal statement of the witness D;

1. Written estimate and written diagnosis of injury;

1. Application of the provisions of Acts and subordinate statutes to the entrance photographs and photographs damaged by the defendant;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, Article 366 of the Criminal Act, and selection of fines, respectively, for the crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;