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(영문) 전주지방법원 2018.04.23 2018고단260
공갈미수등
Text

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

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

Reasons

Punishment of the crime

1. On April 4, 2016, the Defendant suffered a claim against the Defendant’s parents living on the third floor of the Yansan-gu building B in the Jeoncheon-gu, Seoul Special Metropolitan City on April 4, 2016, and late entry without telephone from the Defendant’s wife C (V, 33 years old). The Defendant was called “Imson’s superior to the Defendant’s employees and drinking at home.”

In doing so, “the victim’s right part is humping one time to the right part of the victim’s drinking, and the victim humping away from the room to the right part of the victim’s drinking, and the victim suffered injury, such as the chum, the right part, the left part hump, the right part hump, and the tension, etc., which require approximately two weeks treatment.

2. A property damage Defendant: (a) around January 14, 2018, at the “E” restaurant operated by the victim C in Seojin-gu Seoul Special Metropolitan City on the part of the victim C on January 14, 2018, “E considers it as consolation money and deposit KRW 4 million with the victim.

“However, there shall be no money from the injured party and there shall be no money from the injured party.

“As a result of its refusal, it was destroyed by the victim’s market value on the car racker, which is equivalent to KRW 500,000,000 (sales Information Management System) machinery to reduce the floor level.

Summary of Evidence

1. Statement by the defendant in court;

1. The first statement made to C by the police;

1. Application of the Acts and subordinate statutes of Chapter Twelve on-site photographs of injuries;

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that it is against the recognition of the defendant's mistake, the victim's desire to find the defendant's prior wife, the degree of injury or the degree of damage to property is not significant, there is no history of criminal punishment heavier than a fine, and that there is no history of criminal punishment heavier than a fine.

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