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(영문) 대구지방법원 서부지원 2016.03.24 2015고단1394
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the operator of D in Daegu-gu, and the victim E (V, 47 years old) has worked as an employee of the above company in the past.

When the defendant did not pay the administrative fine, insurance premium, etc. that occurred while driving a vehicle in the name of the victim from around 2014, and the victim was urged to pay it, the defendant and the victim raised a dispute over the payment of unpaid administrative fine in July 2015.

1. Around July 17, 2015, the Defendant violated the Punishment of Violences, etc. Act (Intimidation, etc. by group, deadly weapons, etc.) collected inserted articles, which are dangerous objects at the floor of the victim and the above unpaid administrative fine, in which the victim and the above unpaid administrative fine were raised, and the victim threatened with the victim by stating that “I am on the part of the victim’s worship and the part of the victim’s worship. I am the victim once today there is only no width, and I am the victim once.”

2. The injured Defendant continued to sit in the above place with the victim and talked about the issue of the above unpaid administrative fine, etc., the Defendant shall pay the victim a full payment of the money that the victim lent.

“In the end, as a result, the victim’s breath and head knife was scked by double descendants, and followed the tabler located there, and followed the victim’s right hand hand, thereby causing injury to the victim, such as the knife and tension, which require treatment for up to 14 days, by taking the victim’s right hand hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act (the point of intimidation to carry dangerous articles), Article 257(1) of the Criminal Act (the point of harm) of the Criminal Act, and choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (a confession, reflectment, and the victim cannot be punished by mutual consent with the victim), and the same criminal record and previous record;

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