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(영문) 수원지방법원 안산지원 2019.10.18 2019고단1384
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

On December 1, 2018, the Defendant, at the 34th floor parking lot located in Ansan-si, Sinsan-si, 15:40 on December 1, 2018, brought a dispute to the victim D(42 years of age) and E and parking problems, and the victim and E went away from the victim and E while getting on a vehicle.

On the 5th floor of the above parking lot, the Defendant discovered the difference between the victim and E, and laid the glass behind the driver's seat twice in drinking, and threatened the victim with the sound "Is the same as the dead, dead, and dead, and the driver."

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order can be established in consideration of the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and other various sentencing conditions, such as the defendant's age, character and conduct, family relation, etc.

Public Prosecution Rejection Parts

1. The Defendant, at around 15:40 on December 1, 2018, went away from the 34th floor parking lot located in Ansan-si, Seoul-si, a member of the Da, D (42 years of age) and victim E (32 years of age), and parking problems, and the Defendant, while getting involved in a dispute with D and the victim getting on and off the vehicle, she was called “Wiling her seat,” and she was called “Won her seat,” and she went away from the 5th floor parking lot, with up to the 5th floor.

On the 5th floor of the above parking lot, the Defendant discovered the difference between D and the victim, and laid the glass room after driving the driver's seat twice in a drinking, and threatened the victim with “Is the death of the dead and dead, and the death of the same knife”, and the sound.

2. This part of the facts charged is an offense against the victim’s express intent pursuant to Article 283(3) of the Criminal Act. The victim E is the defendant after the prosecution of this case.

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