(영문) 대구지방법원 2020.08.13 2019고정843

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.08.13 2019고정843

특수협박

Text

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

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

Reasons

Punishment of the crime

On January 19, 2019, around 09:53, at C's house located in Yongcheon-si B, Chungcheongnamcheon-si, 2019, the Defendant threatened the victim by taking an attitude that he would have caused danger and injury by means of gathering food knife (27cm in total length, 14cm in knife), which is a dangerous object at that place, while the victim D (the victim 52 years of age) was necked on the part of the Defendant, and brought about a dispute with the victim and the Sinife.

Summary of Evidence

1. Each legal statement of witness E, D and C;

1. A protocol concerning the police interrogation of the accused;

1. Voluntary submission;

1. The defendant asserts that the investigation report (Evidence No. 9) (Evidence No. 9) was not a special threat, since the defendant collected knife or immediately laid down the knife.

In order to establish a crime of intimidation, the details of the harm and injury notified shall be sufficient to cause fears to ordinary people, in full view of the various circumstances before and after the act, such as the offender’s tendency, surrounding circumstances at the time of notification, the degree of friendship between the offender and the other party, and the relationship between the offender and the other party. However, it does not require that the other party may feel feel realistically, and the other party’s act of notifying the harm and injury in the crime of intimidation is based on ordinary language, or, depending on the case, it may be said that the harm and injury are

(see, e.g., Supreme Court Decision 2010Do14316, Jan. 27, 201). The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, prior to the instant case, the Defendant did not have a good relationship with his wife due to the victim, and the Defendant did not have a good relationship between the two persons, such as the Defendant’s galle, and the Plaintiff’s galle, and the galle, and the galle on the date of the balleing. Before the instant day, the Defendant knew that the victim was drinking at C’s house before the instant day, and the victim did not appear in his galle.

참조판례

-대법원 2011. 1. 27. 선고 2010도14316 판결

유사 판례

-대전지방법원 2015.10.21 2015노1865

-춘천지방법원 2020.10.21 2019노1018

-광주지방법원 2012.10.19 2012노1325

-서울북부지방법원 2016.12.15 2016노1552

-광주지방법원 2015.09.17 2015노109