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(영문) 대구지방법원 2019.09.03 2019고단3370
협박등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 19, 2019, at around 02:40, the Defendant was suffering from an alcohol disease on the ground that the Defendant was frightened at one stop at the main point of C in Busan City B and 1st underground level, and that the Defendant was frightened with E while he was suffering from a war.

Accordingly, the defendant damaged the victim F(n, 35 years old) by making a hole in three places of business owned by the victim F(n, 35 years old) so that the repair cost can be caused.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and F;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. Around 02:40 on April 19, 2019, the Defendant: (a) expressed the Defendant’s desire to “An employee of the Victim G (here, 30 years of age)” on the ground that (i) he/she tried to have a one-way dispute with the C main point located on the C main point B and 1st underground level, and (ii) he/she said that he/she “Is the Defendant as “Is that Is the Defendant, I would see,” and (ii) expressed the Defendant’s desire to “Is that Is the Defendant’s life or body” and (iii) tried to use his/her hand, and (iv) expressed his/her speech and behavior that I would like to cause harm to the victim’s life or body.

2. Determination

(a) Applicable provisions of Acts: Article 283 (1) of the Criminal Act;

(b) Crimes of non-compliance with an intention: Article 283 (3) and (1) of the Criminal Act.

C. Application for non-criminal punishment of Victim G on July 25, 2019

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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