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(영문) 대구지방법원 김천지원 2018.09.06 2018고정158
특수협박
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 10, 2018, at around 00:20, the Defendant used each item (267cm in length) which is a dangerous object in the Defendant’s house for the reason that the dog raised by the victim could not be locked out by baring the dog, and used the dog to talk with the victim, and acted as the victim’s abundance.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. C's statement in the police statement protocol against the defendant;

1. photographs of internal investigation reports (a statement consistent with the criminal facts in an investigative agency and a court) (In light of the fact that victims C consistently make a statement consistent with the criminal facts and that the Defendant cited each item of goods dangerous to the victim and recognized the facts that the Defendant took a bath for the victim, the criminal facts may be sufficiently recognized);

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant, after the prosecution, agreed with the injured party, and the injured party does not want the punishment of the Defendant; (b) the injured party may have been convicted of violence; (c) however, there is no previous conviction after 1987; and (d) other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as ordered

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