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(영문) 창원지방법원 마산지원 2018.04.10 2018고단230
특수협박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is between the victim C (n, 42 years of age) and the return.

The Defendant, at around 18:05 on March 1, 2018, while drinking alcohol together with the victim’s friendship E in the OB-B-O's residence, the victim’s residence located in Changwon-si D, Changwon-si, the Defendant, without any particular reason, “hyspath, dead,” for the victim under the influence of alcohol.

“Before taking a bath, it brought about the transition ( approximately 20 cm in total length, about 10 cm in blades) which is a dangerous thing that can be taken by the kitchen with the kitchen, and the victim who was in the bed in the bed shall have "Calmin and death."

“In doing so, the victim’s timber was accumulated in excess of the above excessive amount, and was marked in plastic clothes in the vicinity of the transition.”

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photograph deadly weapons, photographs and plastics photographs;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are many criminal offenses against the accused.

In particular, the Defendant was sentenced to imprisonment on October 25, 2017 with prison labor for a violation of the Act on the Management of Meritoriouss, and committed the instant crime during the period of suspension of execution. Since the Defendant had a record of committing the crime of damage to property and assault against the same victim even before the month when the instant crime was committed was committed, it is necessary to strictly punish the Defendant.

However, the defendant and the victim are going to enter into a marriage as they are congested with each other.

In addition, on March 3, 2018, after the formation of the crime of this case, the victim did not want to punish the defendant.

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