(영문) 수원지방법원 여주지원 2019.10.23 2019고정99

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(영문) 수원지방법원 여주지원 2019.10.23 2019고정99

특수협박

Text

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

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

Reasons

(2) On October 16, 2018, the Defendant: (a) around 09:00, at the 1st floor of “C” located in Gyeonggi-si B; (b) on October 16, 2018, the Defendant: (c) demanded construction costs to the Defendant; and (d) the victim E (6*) accompanied by the Defendant D to the said D, who followed the said D, she was the victim, and (d) took an action, which is a dangerous object, and carried out an act that was anticipated to be at the time of the victim; and (d) took a tree victim who was located in the said Do with the said Do.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. A complaint;

1. Application of investigation report (on-site confirmation and re-explosion, confirmation of the victim's cell phone recording contents), on-site photographic data Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. As to the issue of Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel’s assertion on the issue of the provisional payment order is merely a person who gets married in the situation where the victim and D are living together, and there is no fact of threatening the victim with the victim in the presence of the victim.

Judgment

Considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant was judged to have threatened the victim with the crime.

① When the Defendant was investigated by the prosecution, the Defendant stated, “When the principal makes a tree frighter in the building, the victim was smoking tobacco outside the building, and the victim was frightened to the Defendant that the Defendant fright to fright the chair,” and “the Defendant fright to fright the frighter and killed.”

However, the victim blicks the defendant who flicks.

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