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(영문) 대전지방법원 논산지원 2018.04.24 2017고정191
협박
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is between a person operating real estate brokerage business and a victim C (56 years of age, women) and a victim D (25 years of age, women) with knowledge from about 27 years ago, and the victim D (25 years of age, women) with his/her father do not have a common sense as to the defendant with his/her father.

On April 12, 2017, at around 10:40, the Defendant threatened the victim C with “F” on the front of the amusement station located in Chungcheongnam-gun, Chungcheongnam-gun, “F” that “I will throw away the Defendant’s horse to cryp in the form of a frith, the same year, friend, friend, friend, friend, and knife,” and the victim D who had committed the Defendant’s act that “Is the frith, Is the frith, Is the frith,”

Bara, this knife flaps of this knife shall be discarded by knife in a knife.

The inside of the internal organs;

shall be discarded.

The phrase “intimidating the death of a match” is deleted, and the above facts charged are modified. Since it is deemed that there is no concern that there would be any substantial disadvantage to the guarantee of the defendant’s right to defend against the defendant’s right to defend against the victim, the phrase “the death of a match shall be discarded ex officio without changing the indictment according to the facts obtained through the examination of evidence.”

C. The expression “C.” showed the same form as “C.”.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of Acts and subordinate statutes to investigative reports (the attachment of sound recording files to USB);

1. Article 283 (1) of the Criminal Act and Article 283 of the same Act concerning the relevant criminal facts and the selection of punishment;

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

1. Determination as to the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel did not constitute intimidation because the defendant's words only extend one bath while giving and taking a bath, and the victims did not feel fear due to them.

The argument is asserted.

2.For the purpose of intimidation, a person generally considered as intimidation.

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