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(영문) 청주지방법원 충주지원 2019.07.12 2019고단251
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant and the victim B (the 54 years old) married on May 1, 1989 and divorced on December 19, 1991, but have been living together from that time by maintaining de facto marital relations.

1. Around 13:00 on April 22, 2019, the Defendant: (a) demanded that the victim “a 30,000 won loan needs to be granted; and (b) the victim’s continued refusal to do so; (c) the victim made a statement to the effect that “the homicide was “the kills,” and the victim’s refusal to do so; and (d) made intimidation by using the kitchen with a kitchen.

The defendant continued to take the head of the victim in the toilet, sit the victim on the floor, take the head of the victim on his/her hand, and got the victim's head on his/her hand. In order to escape from this, he/she was stroked with the victim's head in his/her hand.

As a result, the defendant brought the victim with an influence of treatment days.

2. After committing the crime as referred to in the above paragraph (1), the Defendant threatened the victim with a man’s sexual flag model ( length:30cm, width: 13cm), which is a dangerous object from the victim’s mother to the victim’s mobile phone, with a view to having a man’s sexual flag model ( length:30cm, width: 13cm), and in both hands and hand.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. -Stop photographs

1. - Victims' photographs;

1. B application of the Statement of References to the Prosecution under the Act and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crime, Articles 284 and 283 (1) of the Criminal Act (Special Intimidation and Selection of Imprisonment) of the relevant Act concerning the crime;

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 200) (a) and Article 38 (1) 2 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da

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