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(영문) 청주지방법원 영동지원 2019.06.13 2018고단162
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 18:47 September 14, 2018, the Defendant assaulted the victim on the ground that the victim B (the age of 42) was in a 15-14, and 68 local road in Gyeyang-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Yangyang-do, Chungcheongnam-do, Yangyang-do, 15-14, and 68 on the ground that the victim B (the age of 42) was not satisfing himself/herself. On the left hand, the Defendant assaulted the victim on the part of his/her left hand, with the victim’s escape and walking the victim’

2. In the date, time, and place mentioned in Paragraph 1, the Defendant threatened the victim, such as the victim’s assaulted the victim B, and the victim’s hacking hack (38.5 cm in length, 20.5 cm in daily length) that is a dangerous object that had been laid on board the surrounding cargo vehicles (20.5 cm in length) with a hack, and the victim’s hacking hack hack hack hack hackk hack hack hackh hackh hackh hackh b

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of B, C, D, and E;

1. Each protocol of prosecutorial statement concerning B, C, and D;

1. Mutic photographs;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

1. Determination as to the assertion of the defendant and his/her defense counsel among concurrent crimes as to Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of adding up the period of two concurrent crimes stipulated in the heavier special intimidation) of the Criminal Act

1. The summary of the assertion is a fact that the defendant satisfyed with the victim, but there is no threat to the victim.

2. Determination

(a) in the crime of intimidation means the threat of harm to the extent that it may cause a person to feel a fear, and it is adequate that the threat of harm is likely to cause a harm or injury to the other party by speech or action, even if not explicitly expressed;

(See Supreme Court Decision 2010Do13774 Decided April 11, 2013)

(b)in this case;

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