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(영문) 대구지방법원 김천지원 2018.05.03 2017고정665
특수협박
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 November 4, 2017, the Defendant: (a) around 12:30, at the Sinmi City, set up a bit for agricultural use at the victim D and the land in the process of litigation to prevent entry; (b) on the ground that the victim, who was the victim of the disaster, laid down a bit for agricultural use, laid down a bit for the land in the process of litigation; (c) on the ground that the victim, who was the victim of the disaster, laid down a bit for the string of the Gu celebbbs and carried a compact for the string of the celebs and carried a bit for the string of the celebs.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to a permit for possession of gas sprayers (E), a report on fire-fighting (gas sprayers, photographs and shotling on guns);

1. Articles 284 and 283(1) of the Criminal Act of the pertinent legal provisions concerning criminal facts [a defendant's act constitutes legitimate defense or defense against mistake, but cannot be accepted.

The Defendant threatened the victim by using gas sprayers, which is an article dangerous to chemicalize, while punishing the victim for a verbal dispute with the victim, and the victim has exercised physical power against the defendant in the course of the verbal dispute.

There is no evidence to view.

It is difficult to see Defendant’s act as passive defense, and its means and method are not reasonable in light of social norms.

1. Selection of an alternative fine for punishment;

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;

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