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(영문) 수원지방법원 안양지원 2021.02.04 2020고단2153
강요등
Text

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

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

Reasons

Punishment of the crime

On August 25, 2020, the Defendant was sentenced to two years of imprisonment by the Incheon District Court due to a crime of causing bodily injury, etc. obstructing the performance of special official duties, and the above judgment was finalized on January 20, 2021.

Defendant and Victim B (Y, 27 years old) are school-oriented centers in Incheon Michuhol-gu.

Then, 30 Incheon detention house C was also confined in the detention house.

On July 12, 2020 and around the 14th day of the same month, the Defendant: (a) at the above ward on July 12, 2020 and around the same month, the Defendant, on the ground of his high heat, led the victim being frighted with the victim, who was frighting the victim, to “at the night, the inside, and the inside,” and caused the victim to take charge of the victim, such as the Defendant’s satho, light, and shoulder for a period of time.

Accordingly, the defendant threatened the victim to commit an act of non-performance of obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Written statements of preparation of B, E, and F;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant Article 324 of the Criminal Act concerning the crime, Article 324 of the Criminal Act concerning the imposition of a fine, and the selection of a fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was under detention, and the Defendant committed the instant crime. However, in light of the circumstances leading to the instant crime, the Defendant agreed to do so entirely with the victim. As such, the Defendant selected a fine only once and the sentence is determined as ordered.

Rejection of Public Prosecution

1. The Defendant charged with this part of the facts charged, around July 15, 2020, at around 19:50, the Incheon Michuhol-gu Office of Arts (U.S.)

로 30 인천 구치소 C 위 거실에서, 야 스퍼 거 증후군 등 정신장애를 앓고 있던 피해자가 ‘ 나는 100 미터를 12초에 뛸 수 있다’, ‘ 난 해외에서 축구선수 생활을 하였다’ 는 등의 말을 하자 화가 나 ‘ 씨 발, 빨리 가서 씻기나 해 ’라고 욕설을 하며 손으로 피해자의 얼굴과 왼쪽 팔 부위...

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