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(영문) 부산지방법원 2019.08.28 2019고단2649
특수협박
Text

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

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

Reasons

Punishment of the crime

As the defendant is between the victim B (n, 43 years of age) and the married couple, it has been doubtful that the victim was not in a sexual intercourse with the defendant, and that the victim was not in a sexual intercourse with the defendant.

1. On May 23, 2019, the Defendant, at around 22:30 on May 23, 2019, did not show a estimate of the vehicle newly purchased by the victim at the main room of the Defendant’s dwelling in the Geum-gu Busan Metropolitan Government C apartment D, the Defendant had knife the knife with the knife.

The victim, who repeatedly gets off and repeated, sniffed the excessive to the hand, sniffed the victim's neck, and snife that the victim "I wish to die, knife, knife," and then sniffed the victim "fnife, knife," so that the victim again snifed the victim so that he tried to keep the glass of the ward, and threatened the victim with dangerous things, such as trying to keep the water purifier again when the victim snife, and try to get the water purifier.

2. Around 00:30 on May 24, 2019, the Defendant threatened the victim by carrying golf loans on his/her son and carrying with him/her a dangerous object, as the victim’s head head is going against, while he/she had a dispute over the matter of living expenses within the smaller boundary of the said Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. The police seizure record and the list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Taking into account such factors as the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no criminal record in the same kind, and the agreement with the victim.

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