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(영문) 대구지방법원 김천지원 2018.10.16 2018고정253
폭력행위등처벌에관한법률위반(공동협박)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On April 18, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for an injury in the Daegu District Court Kimcheon support, and the above judgment became final and conclusive on April 26, 2018.

[2] Criminal facts B: (a) from the victim D(33) located in Kimcheon-si, Kimcheon-si, on December 31, 2017, the victim D(333) located in Kimcheon-si; (b) the victim was put to a vision with the victim at the drinking value; and (c) the victim was spawned too, spawn, spawn, present,

I wish to be able to be able to be able to be able to be able to be able to carry out funeral services.

“Accomage, frighten, and frighten by telephone,” and Defendant frighten arrived at the above place, and “Choe, frighten,” both of the funeral services, upon arrival at the above place;

In this regard, it shall be discussed and the funeral service shall be prohibited.

“Accomageed,” and performed a behavior that seems to have been at the time of the victim on the part of beer disease.

Accordingly, the defendant threatened the victim jointly with B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 283 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had had a record of criminal punishment over several times, committed the instant intimidation.

However, the defendant shows an attitude against the crime of this case.

The Defendant agreed with the victim smoothly.

The crime of injury and the crime of this case in which judgment has become final and conclusive shall be in the relation of concurrent crimes after Article 37 of the Criminal Act, and the equality with the case where the above crimes are judged at the same time.

In light of the above circumstances, all the sentencing conditions, including the defendant's age, sex, family relationship, and circumstances after the crime, are considered as ordered.

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