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(영문) 청주지방법원 영동지원 2019.01.10 2018고단173
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 14, 2018, the Defendant, at around 12:50, committed an act with the victim C (the age of 52, female) who was the Defendant’s wife, and the victim, on the ground that the victim does not drink and perform his/her work every day, on the ground that he/she did not do so, at the place of work of the sublima field owned by the Defendant in the Chungcheongbuk-gun B, and as a matter of “whether he/she ordered the delivery of food”, he/she acted with the victim on the ground that he/she did not drink and perform his/her work every day.

Accordingly, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [unfair circumstances] The crime of this case is a threat of a victim who is the spouse by carrying dangerous articles, and the crime is not likely to be committed in light of the contents and risk of the crime.

【Pried circumstances】 The Defendant appears to be against the Defendant’s view of committing the instant crime.

The defendant seems to have committed the crime of this case in a contingent situation where he has lost his ability to control with the victim.

The defendant does not want to punish the defendant by mutual consent with the victim.

The defendant has no criminal records subject to criminal punishment against an objection.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.

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