(영문) 광주지방법원 해남지원 2018.10.04 2018고단43

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 해남지원 2018.10.04 2018고단43

특수협박

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant supported the victim D from the victim D to another person in an election for the head of this Chapter, as the victim C(54) and D(n, 45 years of age).

As the port was received, it became a serious issue.

On December 28, 2016, the Defendant: (a) around 22:50 on December 28, 2016, the 20-liters containing gasoline, which is a dangerous object before the front of the victims in the Southernnam-gun E, 20-liters have used oil in the oil source and intended to die.

The victims expressed their attitude as to the body of gasoline when intending to enter the house into the house, and threatened the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D, C, F, and G;

1. Each protocol of seizure and each list of seizure;

1. Legal and chemical appraisers;

1. Each investigation report [The defendant and his defense counsel alleged to the effect that the defendant had no intention of intimidation, but the following facts recognized by the evidence duly adopted and examined by this court and the circumstances that can be seen therefrom, i.e., the defendant left the victim's body and left away gasoline at the victim's home," and there was a significant risk that the defendant would escape as well as the defendant's home of the victims and victims, and the victims might find it possible for the defendant to go back to the victim's body in fact.

In full view of the fact that it appears that the defendant could have sufficiently seen that the defendant's act would have been perceived as a threat of harm and injury, etc., the defendant's act constitutes a threat of harm and injury that may cause fear to the victims, and the defendant was sufficiently aware of this fact.

As such, it can be seen that there is sufficient intention of intimidation to the defendant.

유사 판례

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-창원지방법원 밀양지원 2013.11.21 2013고단361

-광주지방법원 목포지원 2014.04.17 2014고단11