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(영문) 수원지방법원 2018.09.14 2018고정1015
특수협박
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

At around 02:20 on September 23, 2017, the Defendant: (a) tried to find out the victim’s house used as a flat farming machine on the ground that the victim D (63) residing in Gwangju-si, the area surrounding his without permission, i.e., the victim D (63 tax, n.e., f., the victim’s house; (b) could not sleep due to any sound or any sound from which people find and scambling, etc.; and (c) threatened the victim with dangerous things, such as tear, etc., on the ground that the head was cut.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of D;

1. Police investigation reports (to hear statements from victims about damage inflicted by reference witnesses and reports), and photographs of dangerous objects;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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 of the Provisional Payment Order (the defendant and his defense counsel asserts that the act of intimidation of the victim is a legitimate defense or legitimate act to defend against unjust infringement of the victim's life, body, or property.

However, considering all the circumstances, such as the background leading to the instant crime, the method and degree of intimidation by the Defendant, and the result of the instant act, which can be seen by the evidence above, the instant crime appears to have been committed beyond passive defensive acts, and it is difficult to view that it is reasonable in the means and method thereof, and it does not constitute a justifiable act that does not violate the legitimate defense or social rules.

Therefore, we cannot accept the above argument.

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