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(영문) 대구지방법원 서부지원 2013.09.13 2013고정492
특수협박등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around May 2012, the Defendant and the victim B (the age of 33) came to know about the daily life of living together with others, and the Defendant, while living together with others without certain occupation, was unable to live together with others, and the victim was liquidated and hedging about 5 months of living together with others. After that, the Defendant was threatened by interfering with the privacy of the victim.

1. A special intimidation: (a) around 01:30 on January 28, 2013, the Defendant assaulted the victim on the first floor of the Daegu metropolitan commercial building C, Daegu metropolitan building; and (b) the victim, on the ground that the victim’s hand floor, bread the Defendant’s cream, which was dangerous in the kitchen cream, brought about a knife and brought about the victim’s worship, and threatened the victim by taking advantage of the knife as “the victim’s sick.”

2. On January 31, 2013, around 19:10, the Defendant: (a) sought an E-limited restaurant in Daegu-gu, Daegu-gu; (b) sought the victim’s employee from the E-limited restaurant; (c) took the victim’s hand out of the restaurant; and (d) tried to attract the victim’s grandchildren to the Defendant’s accommodation near the restaurant.

As a result, the defendant brought up the victim's left-hand hand, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographs;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of B’s written laws and regulations;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. Articles 70 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 of assault;

A. On November 201, 2012, the Defendant found alcohol in the victim’s residence located in the Daegu Seo-gu F around 24:00, and held that the Defendant’s pattern “whether the victim does not have any contact and acted in the manner of mind.”

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