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(영문) 대전지방법원 서산지원 2018.08.09 2018고정71
특수협박
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 11:00 on July 3, 2017, the Defendant: (a) laid the victim D (Woo, 74 years old) who was getting off a urbial in front of the Republic of Korea, Chungcheongnam-si, Chungcheongnam-si; (b) said victim D (Woo, 74 years old); (c) said the victim’s fright, which is a dangerous object in the vicinity of the Republic of Korea, and threatened the victim with “the victim by posing the death of the victim”.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statements of witnesses D and E in part;

1. The defendant's assertion that the part of the statement of the police interrogation protocol against the defendant [the defendant did not threaten the victim to be killed with the scamblor, but the prior day of the interrogation protocol is merely the victim's idea that "I wish to be killed with the scamblor."

However, the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, the victim said that the defendant was killed by using the knife by the investigative agency up to this court.

In light of the fact that the defendant himself made a statement, and that he made a statement to the effect that he would have been able to kill the victim when he thought the previous day of the case, and that the contents of the statement correspond to the victim's statement and part of the statement, and that he made a statement to the effect that E, when witnessing the situation at that time, testified the defendant to the effect that he told him that he would have called "to be killed for being killed for being killed for being killed for being killed for being killed for being" while she saw the defendant in this court, the defendant's above assertion is rejected as stated in the facts constituting the crime in the judgment of the defendant.

Application of Statutes

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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