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(영문) 대구지방법원 안동지원 2017.05.16 2016고정223
특수협박
Text

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

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

Reasons

Criminal facts

around 22:50 on July 31, 2016, the Defendant: (a) sought a victim E (41 years of age) at the house of Ansan-si apartment 201, Dongdong-si, 201, 214, and had living together D; (b) threatened the victim at the apartment parking lot with a second floor (20cc in length) with a dangerous object with the width of the second floor, she threatened the victim; and (c) as the “the victim will die only once”, the Defendant was able to threaten the victim by stating that the victim would die at a more than once; (d) opened this house at the same place of 23:25 on the same day, and found the victim’s knife F (48 years of age) with no awareness of the victim’s knife at the same time; and (d) found the victim’s knife as the police officer’s knife’s son.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (to attach a copy of work log and to the site photograph);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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