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(영문) 제주지방법원 2017.10.27 2017고정325
특수협박등
Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

The charge of special intimidation A and the charge of the defendant B shall be acquitted.

Reasons

Punishment of the crime

Defendant

A around 15:00 on August 27, 2016, at the entrance of the F-pentine operated by the victim E at Seopopopo City, destroyed by the improvement that the red tree immediately on the side of the cemetery stone fence was planted, while being punished at a tide cemetery installed by the victim E at the entrance of the F-pentine operated by the victim E, and the damage was caused by the 2,10,000 won of the market price of the victim, which is the victim's ownership.

Summary of Evidence

1. The defendant A's partial statement

1. Partial testimony of witness E;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Part of the suspended sentence under Article 59(1) of the Criminal Act (the details of the crime in this case, the type and amount of the damaged property, the age and environment of the defendant, etc.)

1. Facts charged;

A. The Defendant, as stated in its decision at the date, time, and place indicated in its reasoning, received a claim from the victim E (51 tax) who is the owner of red tree while cutting red tree, as stated in its reasoning, and “the blick blick blick blick bl.”

The victim threatened the victim by considering the attitude of harming the victim, such as harming the victim, which is a dangerous object cited at the time, with the large amount of '(not less than 30cm in length).

B. Defendant B, at the time, and at the place of the ruling, on the ground that the victim E (51) resisted A with trees, the Defendant’s “a person who is good in the law will be deprived of the mother’s will.”

The victim was threatened by considering the attitude of harming the victim, such as harming the victim at the early stage, which is a dangerous object cited as “.............”

2. Determination

A. In a criminal trial, criminal facts should be acknowledged based on strict evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt, so that the prosecutor’s proof may lead to such conviction.

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