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(영문) 광주지방법원 2016.12.22 2016고정1099
특수협박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(the age of 68, South) are adjoining to the same village.

At around 16:20 on March 25, 2016, the Defendant, at his home located in Ma, threatened the victim with the ice tree laid in Ma, on the ground that the victim said, “I would not have yet been extracted,” and then, on the ground that “I would like to say, I would like to say, “I would not have yet extracted, 3 years after the death. I would like to go out.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The statement of the defendant among the interrogation protocol of the police as to C

1. Investigation report (related to attachment of field photographs);

1. An investigation report (a confirmation of extension, etc. used by a suspect A) (a) is denied that the defendant cited the improvement at the time and made no threat to the victim. However, the witness C, the victim, consistently from the investigative agency to the present court, stated that the defendant was in danger of the victim, and the defendant consistently stated that he was in danger of the victim at the time of the police investigation, and that the defendant is also aware of the improvement but, at the time, made an extension and made an appearance to the victim. In full view of these circumstances, the fact that the defendant cited the improvement and made intimidation is recognized. Accordingly, the defendant’s assertion is not acceptable).

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

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