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(영문) 청주지방법원 제천지원 2021.01.21 2020고정96
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From July 20, 2020, the Defendant got out of the victim B (here, 40 years of age) who was her wife (here, divorce) and was living separately with the victim from around July 21, 2020. On September 3, 2020, around 21:43, the Defendant demanded the victim to open the door of the door, demanding the victim to leave the door of the door of the door of the door of the victim, but the victim did not respond to this demand, and then the victim’s mother (the former mother of the Defendant) who was living in the door of the door of the door of the suit was dissatisfied with the victim’s desire to take out and damage the door of the door of the victim.

Accordingly, on September 4, 2020, the Defendant found a 'E' 'E' for the operation of the victim in Chocheon-si D' around September 13:30, 2020, and the Defendant said that 'E' for the year of winding and winding is large;

Doz. Do. Do. Do. Do.

”라고 소리치면서 한 손으로 피해자의 머리채를 잡고 다른 손으로 미리 소지하고 간 위험한 물건인 망치( 손잡이 길이 약 20cm, 총 길이 약 27cm )를 들고 피해자의 머리를 내리칠 듯 위협하고, 손으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 다리를 수회 걷어찼다.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement F, police records of each police's statement related to F, B, and explanation of photographs thereof;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered by the Criminal Procedure Act, taking into account the following circumstances and the Defendant’s age, sex, family environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime.

Unfavorable circumstances: the defendant threatened the victim by carrying a dangerous stolen, which is a dangerous thing, and the nature of the crime is not good in light of the means and methods of crime.

The favorable circumstances: At the time of crime and the mistake are divided.

(a) an injured person;

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