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(영문) 광주지방법원 목포지원 2020.01.17 2019고단559
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 (provisional) shall be forfeited from the accused.

Reasons

Punishment of the crime

[2019 Highest 559] On May 13, 2019, at the restaurant restaurant operated by the Defendant’s spouse B (Y, 59 years of age), the Defendant threatened the victim by gathering the disease, which is a dangerous object located on the above restaurant’s consignee, on the ground that the victim continued to employ D (57 years of age) who reported the Defendant as an indecent act by force, prior to towing, as an employee. However, as the Defendant collected the disease, which is a dangerous object located on the above restaurant’s consignee, and thereby led the victim, the Defendant threatened the victim by gathering the dangerous object, which is a dangerous object on the above customer’s behalf, and by threatening the victim “Yek-ri, Sick, Sick,” and threatening the victim by “Yek-ri, Sicker.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2019 Highest 1465] The defendant is a person who is in a legal marital relationship with the victim B (V, 60 years of age).

Around 14:00 on October 19, 2019, the Defendant assaulted the victim on the ground that the victim was punished by a fine and the victim was paid late than the date on which the victim was promised to pay back at the restaurant operated by the victim in Mapo-si C. In response to the victim’s report, the Defendant assaulted the victim on the ground that the victim was a dangerous object at his/her own seat, and that the victim was paid late.

Summary of Evidence

[2019 Highest 559]

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The list of seized articles, records of seizure and the list of seized articles;

1. The site of the case and the photograph of the deceased, the fluor’s disease, and the body photograph of the victim (2019, 1465);

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the report on the occurrence of violence and the report on the internal investigation of violence;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) of the Criminal Act that choose the penalty, Articles 261 and 260(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. The sentencing criteria shall be set.

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