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(영문) 광주지방법원 순천지원 2015.01.09 2014고정632
협박
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 18:00 on May 3, 2014, the Defendant: (a) committed a dispute with the victim F (56) in a de facto marital relationship with E by his mother; (b) by acting as an agent in the front of the house and the head of the house, with the victim’s oil 20 liter who was laid away in advance from the Defendant’s vehicle, brought the 20 liter oil her mother to the lower house of the said DHas, where the victim was living, and by taking the oil her dangerous articles into the oil tank, etc., in front of the house and the head of the house, where he was in the front boiler room, and then she threatened the victim by doing so.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. A report on internal investigation (related to photographs);

1. Protocol of seizure and destruction;

1. Investigation report (related to confirmation of kinds of oil);

1. On-site photographs (the Defendant’s roots oil, but this is merely the mother’s behavior to take advantage of E and go against it, and the Defendant did not intend to threaten F. The following circumstances revealed by the evidence revealed earlier, namely, the Defendant’s argument that F was at the end of a plastic house (70 pages of evidence records), although the Defendant was at the time of dusting oil, it seems that F could have been able to witness the Defendant’s behavior and listen to the Defendant’s voice; ② F would have been able to hear the Defendant’s voice; ② F would have f’s request for the Defendant’s behavior, and reported directly to 112, and thus, the Defendant’s assertion was rejected as stated in the judgment of the court below. Accordingly, the Defendant’s assertion is not accepted.)

1. Article 283 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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