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(영문) 대전지방법원 천안지원 2019.04.30 2019고정171

특수협박등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. 특수협박 피고인은 2018. 6. 25. 13:30경 안동시 풍산읍 본마을길 36-69 안동추모공원 주차장에서, 공원에서 모친의 제사를 마치고 내려온 이부동생인 피해자 B(여, 57세)을 만났고, 자신이 모친의 재산을 상속받지 못한 부분에 대해 피해자에게 “너희들이 나에게 이럴 수 있냐 ”라고 따졌으며, 이에 피해자가 “오빠는 나한테 해 준 것이 뭐가 있냐 ”라고 대꾸하자 흥분하여 “이년들아 내가 너희들한테 뭘 해주냐 , 다 죽여버린다.”라고 말하며 피고인의 차량 트렁크에 보관 중이던 위험한 물건인 다용도 칼(일명 맥가이버 칼)을 꺼내 피해자의 복부에 들이대며 찌를 듯 위협하여 협박하였다.

2. At around 13:40 on June 25, 2018, the injured Defendant: (a) acted as above at the above place; (b) was knifeed by C, the husband of the victim B (the 57-year-old age), who was the husband of the said place; (c) was knifeed by the victim’s knife, by making the victim’s knife D’s cellular phone to know about the Defendant’s act by making the Defendant’s knife; (d) was flifeed by having the victim’s cell phone; (c) was flicked by knifeing the victim’s arms by knife; and (d) was flifeed by knifeing the victim’s cell phone; and (d) was flifeed by knife, which requires the victim

Summary of Evidence

1. Defendant's legal statement;

1. A written statement referred to in B and E;

1. Attachment of a report on damage diagnosis, and application of Acts and subordinate statutes to report on internal death;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is the same as the defendant.