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(영문) 광주지방법원 2020.07.23 2020고정493
특수협박
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 32 years of age) are married couple.

Around 18:50 on February 2, 2020, the Defendant: (a) at the Defendant’s house located in the C building D, the Defendant alleged that the victim had been aware of before the towing, still had a male male in Vietnam; and (b) at the time of the victim, the Defendant stated that “I will die when filing a report” in face-to-face of the victim, “I will die.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. Article 62 (1) of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the reason of sentencing [the sentence of suspended sentence is invalidated or revoked, and where the defendant does not pay a fine, KRW 100,000 per day] of the Criminal Act for the punishment of the defendant, the defendant confessions the defendant, and reflects his mistake, the victim has agreed with the victim and expressed his wish that the defendant's wife would not want the punishment again (the victim expressed his intention that he does not want the punishment again after attending court). The defendant supports two children in the arguments in this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., as stated in the argument in this case, shall be determined as the sentence as ordered.

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