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Reasons
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(영문) 대구지방법원서부지원 2020.12.09 2020고단1349
특수협박
Text

Defendant

A shall be punished by imprisonment with prison labor for three months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[200 Godan1349] The Defendants were married in around 2009 and they were married in a de facto marriage.

1. On March 12, 2020, from around 19:50 to 19:58 of the same day, Defendant A abused the victim B (n, 45 years of age) who was in the main place without any justifiable reason, in the Daegu Seo-gu CD’s dwelling area, and in the main place to the victim B (n, n, e.g., the female, 45 years of age) who was in the main place, and threatened the victim by putting the victim into close close to the victim, making it possible for the victim to inflict any harm on the victim.

2. Defendant B, like the date, time, and place set forth in paragraph (1), and as described in paragraph (1), by taking a dangerous object (15cm in length) as a dangerous object, Defendant B threatened the victim with a threat from the victim A (mama and 46 years of age), and by committing an act near the victim’s sexual organ and committing any danger and injury to the victim.

[200 Godan2318] On April 3, 2020, Defendant B suffered bodily injury, such as damage of the face that requires treatment for about 14 days, while disputing the victim A (the South and the age of 47) in the Daegu-gu CD, Daegu-gu, Daegu-gu, 2020.

Summary of Evidence

[200 Highest 1349]

1. Defendants’ respective legal statements

1. Some police interrogation protocol against the Defendants

1. Each investigation report (the sequence 10, 12 of the evidence list);

1. Records of seizure and the list of seizure;

1. Photographs of the screen attached to the kick file, and the 112 reported case processing table (Evidence Nos. 11) (2020 order 2318);

1. Defendant B’s legal statement

1. Statement A in the suspect examination protocol of the prosecution against A;

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes to each internal investigation report (the Nos. 4 and 5 of the evidence list), each investigation report (the No. 6, 16 of the evidence list);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 284 and 283(1) of the Criminal Act, and choice of imprisonment.

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