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(영문) 광주지방법원 장흥지원 2016.01.14 2015고정43
특수협박등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 12:00 on February 26, 2015, the Defendant insultd the victim D (the age of 51) who resists the defect issues of the building purchased through the Defendant in the place where the merchants are located, and in the place where tourists are located, on February 26, 2015, at the Gangnam-gun C language board, the Defendant stated that the Defendant was promptly bitched by the victim D (the age of 51) on the following grounds: (a) “Iseum disease; (b) these kinds of disease; (c) is wrapping; and (d) is fried; and (e) is fried by a bitch.

The victim was insultingd by referring to a large sound, a storm, and a fluor, and a fluort, so that they could not be sealed by the weather.

2. 특수 협박 피고인은 같은 날 14:00 경 위 C 어판장 인근에 있는 ‘E 슈퍼 ’에서 그곳에 있는 위험한 물건인 맥주병을 집어 들고 피해자를 향해 던질 듯이 위협하면서 “ 아 휴 꽉 씹할, 아 휴 씹할 뭘, 확 씹할 눈구멍을 확 쌔려 버려 ”라고 말하는 등 피해자에게 위해를 가할 듯한 태도를 보여 피해자를 협박하였다.

Summary of Evidence

1. The defendant's partial statement (the defendant alleged that there was no threat to the victim by beer's disease, but according to consistent statements, etc. at investigation agencies and courts of the victim, this part of the facts charged is found guilty)

1. D Legal statements;

1. Statement made by the police and prosecutor with regard to D;

1. Application of respective Acts and subordinate statutes of F, G and H;

1. Relevant Article 311 of the Criminal Act and Article 311 of the Criminal Act (the point of insult and the selection of fines) concerning the facts constituting an offense, and Article 284 and Article 283 (1) of the Criminal Act (the point of special intimidation and the selection of fines);

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

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