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(영문) 대전지방법원 천안지원 2018.10.05 2018고정532
특수협박
Text

Defendant

A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the friendly relationship of the victim C(68) and the defendant B is the victim's private relationship.

A. Defendant A’s special intimidation around April 20, 2018, around 13:00, and around 90 a.m., the parent-f., left with the thickness, and threatened the victim with a brick, which is a dangerous object on the instant cement (f.o., a width of 20cm, length of 17cm) during the time when the victim and the scambling with the victim, by cutting down the victim’s head with a f.m., and scaming the victim’s head.

In the indictment of this case, the defendant A threatened the defendant A with "as he saw and saw".

However, as seen below, since the victim stated in this court that he was sealed by Defendant A while sleeping the victim and slicking the victim’s head, the victim was found to have committed the crime as stated in the judgment.

Defendant

A In the instant case claiming that there was a slick fact, but that there was no threat to A’s slick, it does not interfere with Defendant A’s exercise of the right to defense, even if the criminal facts are acknowledged as above without changing the indictment.

As a result, Defendant A threatened the victim by carrying dangerous objects.

B. Defendant B’s assaulted Defendant B, at the same time and place as indicated in the above paragraph (a), was in dispute with the victim on the said grounds, and was in line with the breath’s breath, for the instant reason.

Accordingly, Defendant B abused the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of witness C, D, and E;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 284 and 283(1) of the Criminal Act (elective selection)

B. Defendant B: Article 260(1) of the Criminal Act (Optional to a punishment)

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

1. The order of provisional payment:

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