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(영문) 인천지방법원 2019.06.12 2019고단2457
특수협박등
Text

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

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

Reasons

Punishment of the crime

[Judgment of the court below] The defendant is in conflict with the victim B (Inn, 29 years of age).

The defendant tried to be informed of the victim's decision-making process, and determined that the victim's mind is not attributable to the victim.

【Criminal Facts】

1. A special intimidation: (a) around 05:00 on April 14, 2019, at the victim’s house located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, the Defendant: (b) shouldered the plastic cup, which was cited in the victim’s hand, to be notified by the victim of the decision; and (c) was “the thickness of the victim’s body”; (d) took advantage of the above shoulder plastic sculpture, which is a dangerous object, and acted as the Defendant’s left hand, using a knife (knife length) that is a dangerous object; and (e) took advantage of the knife (knife length) that is a dangerous object at the seat of the victim; and (e) did so by taking advantage of the head of the bridge, which is a dangerous object at the seat of the victim; and (e) did not comply with the victim’s request, thereby threatening the victim by committing any harm to the victim’s body, as the victim’s body was harmed.

2. The Defendant, in response to the withdrawal, was demanded by the victim to leave the victim’s residence as stated in Paragraph 1, at the time, place, and as described in Paragraph 1.

Nevertheless, the defendant, upon receipt of a report 112, has come to sit at a small room at the house until he is arrested by the police officer, and without justifiable reasons, to leave the victim.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of internal investigation reports, suspect grandchildren, and dangerous objects used by the suspect at the time of intimidation of the victim;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) of the Criminal Act that provides for the choice of punishment, Article 319(2) and (1) of the Criminal Act, and Article 319(1) of the Criminal Act, and the choice of fines, respectively;

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

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