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(영문) 서울서부지방법원 2019.06.21 2019고단691
특수존속협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was in dispute between the victim B (the age of 76) and the ordinary property problem.

On November 1, 2018, around 21:40 on November 21, 2018, the Defendant: (a) brought one hand at the residence of the victim of Eunpyeong-gu Seoul and the third floor of Eunpyeong-gu, Seoul, and brought about one hand, and (b) brought about to kill the victim, and (c) threatened him/her as if he/she were at the end of his/her decline.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness B’s legal statement (a witness’s statement is relatively consistent with the details and contents of intimidation, and thus credibility is recognized)

1. 쇠막대기(자동차 판금 꺽쇠) 사진 법령의 적용

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The degree of intimidation is not somewhat minor, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc. are considered in light of all circumstances such as the defendant's age, character and conduct, circumstance, motive and circumstance of the crime, and circumstances after the crime. The non-guilty part of the facts charged in the case of intimidation for special existence among the facts charged in the crime of this case, is that the defendant threatened the victim as stated in the judgment

On the other hand, the object of the crime of intimidation as stipulated in Article 283(2) of the Criminal Code is "a lineal ascendant of his or her spouse" and "a lineal ascendant" refers to a lineal ascendant who is a blood relative, and the lineal parent is merely a relative by marriage and is not included therein

According to evidence, the victim can only be recognized as the spouse who is the wife of the defendant and re-born spouse.

Thus, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it is a case where there is no proof of crime. However, as long as it is found guilty of special intimidation included in the facts charged,

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