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(영문) 대전지방법원 2019.04.30 2019고단420
협박
Text

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

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

Reasons

Punishment of the crime

Around March 2018, the Defendant, as a supervisor of B High School, was accused of attempted murder at the Seo-gu Police Station of Daejeon High School, and was accused of committing assault by using a camping boat, etc. while gathering 18 persons in the camping room of the above high school and giving lessons to the Defendant. In the above process, the Defendant was accused of attempted murder at the Seo-gu Police Station of Daejeon High School on October 8, 2018 by the victim C (Woo, 45 years old) who was a faculty-type and became aware of the fact that the Defendant carried knife in the above process, and was in a state that it was not adequate to appraise the victim.

1. On November 2, 2018, the Defendant, using a public telephone (E) located in Daejeon Pungdong-gu D on November 2, 2018, threatened the victim with the victim’s cell phone, thereby leaving the phone with the victim’s cell phone, “I will die without match, I will tear.”

2. On November 8, 2018, the Defendant, at the G cafeteria located in Seo-gu Daejeon, Seo-gu, Daejeon, around November 21, 2018, threatened the victim with a cell phone (I), using the mobile phone (I) of He, who drinked alcoholic beverages, to walk the victim’s cell phone, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on police statements made to H;

1. Article 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act under the grounds of the provisional payment order is based on the following circumstances and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of this case.

The circumstances disadvantageous to the victim: The circumstances in which the victim seems to have suffered a considerable mental impulse due to each of the crimes in this case: the defendant reflects the mistake, and the defendant is suspended from execution.

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