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(영문) 창원지방법원 진주지원 2019.01.09 2018고단1223
특수협박등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a victim B (n, 92 years of age).

On December 2, 2013, the Defendant, in his residence in Jinju-si, was accompanied by, without any justifiable reasons, the preparation and preparation of an electric structure equivalent to 300,000 won at the market price of the victim B owned by the kitchen, which was located in the kitchen, on the floor of the living room.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Facts charged;

A. On August 2016, the Defendant continued to assault the victim B by putting water in the same place as that of paragraph 1, and without any justifiable reason, putting water into the victim B at a place.

Accordingly, the defendant assaulted the surviving victim.

B. On August 2015, 2015, the Defendant, at the same place as that of paragraph (1) 1 of the early police officer on August 2015, 2015, threatened the victim B, who is a lineal ascendant, without any reason. (2) On August 2015, 2015, the Defendant committed the Defendant’s crime of aiding and abetting Police Officers at the same place as that of paragraph (1) of the Police Officers around August 2015, 2015, by stating that the Defendant would be “bicker” to the victim B, who is a lineal ascendant, without any reason.

3. On August 9, 2018, the Defendant: (a) at the same place as Paragraph 1, around 13:00 on August 9, 2018; and (b) without any justifiable reason, threatened the victim B, who is a lineal ascendant.

2. Determination

(a) Crimes of non-compliance with an intention: Article 260(3) of the Criminal Act, Article 283(3) of the Criminal Act;

B. On December 12, 2018, after institution of the instant public prosecution, the Defendant was not subject to punishment.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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