(영문) 수원지방법원 2020.04.22 2019고단6578

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(영문) 수원지방법원 2020.04.22 2019고단6578

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

Punishment of the crime

Around 12:30 on June 6, 2019, the Defendant: (a) carried the victim’s office by stating that “the victim shall have a son for camping purposes ( approximately 30 cm in total length, approximately 12 cm in length), which is a dangerous object at the Defendant’s office, during disputes arising from the issue of payment of the victim D(41 years of age) and the sales agency fee; and (b) caused the victim to enter the victim’s office by stating that “the victim shall have a bomb and a bomb; hereinafter the same shall apply); and (c) caused the victim to threaten the victim’s office.” The Defendant carried the bom and water purifier in a place where the above bomb is installed, and threatened the victim by carrying the bomb and water purifier, which is a dangerous object, such as the victim D (30 cm in length, and 12 cm in length.”

Summary of Evidence

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

1. Determination as to the defendant's assertion of the damage scene photographs

1. The summary of the assertion was that the Defendant did not state the victim’s desire or die, and the victim took a knick, etc. after leaving the office, and there was no intentional threat of the victim.

2. According to each of the above evidence, it is reasonable to view that the Defendant’s act was an intentional threat to the harm and injury of the Defendant, and it is reasonable to view that the Defendant’s act was an act of having the victim feel blank, and that it was an implied threat to the harm and injury. Thus, it is sufficiently recognized that the Defendant had the intent of intimidation.

Therefore, the defendant's assertion is without merit.

Application of Statutes

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

참조조문

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