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(영문) 광주지방법원 해남지원 2017.07.20 2017고정21
특수협박등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around August 7, 2016, the Defendant damaged 9 grane trees worth KRW 1,125,000, which are the market value owned by the victims of the Republic of Korea in South-west-gun C and D, and on the ground of the Republic of Korea on August 7, 2016.

2. A special intimidation Defendant is a sled to the Defendant on the ground that the Defendant would attempt to sled a pesticide on a sled tree with the victim F (46 tax) who was his / her sled victim F (46 years) before the sled bank in E in the foregoing temporary border.

The victim threatened the victim with saw saw ( approximately 40 cm in total length), which is a dangerous object, with the attitude that the victim seems to inflict any harm on the victim's life or body.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Related photographs (crime tools, site, satellite photographs, etc.);

1. An investigation report (such as criminal implements and on-site verification, etc., confirmation of the owner of the pine trees, calculation of the amount of damage) / (the defendant and his/her defense counsel acknowledged the fact that the defendant has made a verbal dispute with the victim at the time and place stated in the crime No. 2 in the judgment of the defendant, but they asserted that the victim has no saw that saws

However, the victim has consistently stated in the investigative agency and this court the circumstances in which the defendant threatened the victim, the words and actions of the defendant at the time of the case, etc., and the witness G's statement as witness also conforms to the victim's statement.

Since a victim's statement consistent with the facts constituting the crime of Paragraph 2 of the judgment is reliable, the defendant's above assertion is not accepted) shall be applied to the law.

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283 (1) (a) of the Criminal Act (a point of intimidation to carry dangerous articles) and Article 366 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act, which bear the costs of lawsuit;

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