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(영문) 서울동부지방법원 2018.10.05 2018고정498

협박등

Text

Defendant shall be punished by a fine of KRW 400,000.

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

Reasons

Punishment of the crime

1. The Defendant, when making a telephone conversation with the victim E in Songpa-gu Seoul on December 21, 2016 on the ground that the Defendant had a sexual intercourse with the Defendant’s husband on the ground that the Defendant had a sexual intercourse with the Defendant’s husband, the Defendant was in the process of making a verbal dispute with the Defendant’s husband and the Defendant’s husband. The Defendant: (a) found that the Defendant only she has to leave the inside, until the end of the her husband; (b) found that the Defendant only prepared, and (c) found that the Defendant only she has a common sense.

“Intimidating the victim”, the victim was threatened.

2. On May 5, 2017, the Defendant assaulted the victim by taking the victim’s head debt of the victim’s head debt attached to the victim, etc., when the husband of the Defendant took care of the victim E, while the husband of the Defendant took care of the victim’s head debt of the victim’s head, etc., in the direction of G-Jaeung-gu F on May 5, 2017.

Summary of Evidence

1. Each legal statement of witness E and H;

1. The application of statutes governing voice recording CDs (A and H’s voice recording files, A and E’s voice recording files on December 21, 2016, and one’s voice recording files on May 6, 2017)

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 260(1) of the Criminal Act (the point of violence), and the selection of each fine 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. Taking into account all the factors such as the Defendant’s primary offender and the developments leading up to the occurrence of the instant case, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order