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(영문) 광주지방법원 2014.03.26 2013고정1924
협박
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 shall be paid.

Reasons

Punishment of the crime

1. 피고인은 2013. 1. 27. 19:00경 피고인이 운영하는 노래방 앞 도로에서 한 손에 신문지로 감은 부엌칼을 손에 쥔 채 피해자 B(58세)에게 전화하여 “야 이 자식아! 나 A다. 너 어디냐 칼로 배때지를 쑤셔불랑께, 내가 누군 줄 알고 나를 건드리느냐 나 건드려서 니가 잘 될 것 같으냐 내 칼 한방이면 넌 끝난다. 니가 언론에 제보했을 때 죽여 버렸어야 했는데 오늘이 그날이다.”라고 말하여 피해자를 협박하였다.

2. At around 21:00 on the same day, the Defendant sought the house of B located in Sungsung-gun C, Jeonsung-gun, the Defendant threatened the victim by voice "Is the victim, who died of the crop, died of the crop, died of the flap, B, and this crop, where the crop is in flap," in front of the wife D.

Comprehensively taking account of the evidence adopted by this court and duly completed the evidence, it is difficult to see that the defendant made a statement to the victim B as described in paragraph (1) of the facts charged by making a phone call with the victim B, which is the same as that stated in paragraph (1) of the facts charged. The victim D, who was living alone at night, made a speech as described in paragraph (2) of the facts charged, and the victims also stated that he was frightd with fear by the defendant's act in this court. Accordingly, the above facts charged are judged guilty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the respective legal statements of B and D;

1. Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

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;

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