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(영문) 대구지방법원 포항지원 2014.08.13 2014고정76
협박등
Text

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

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

Reasons

Punishment of the crime

On September 13, 2013, the Defendant is a preliminary candidate registered as a preliminary candidate in the reelection of a National Assembly member C and D Council member on September 13, 2013, and the victim E and victim F are married couple.

1. Intimidation;

가. 피고인은 2013. 10. 5. 14:57경 G에 있는 H 지하 1층 엘리베이터 1, 2호기 앞에서 피해자 E(여, 30세)에게 명함을 주었으나, 피해자가 “북구에 살기 때문에 명함 필요 없는데요”라고 하며 받지 않고 거절한다는 이유로, 피해자에게 “이 씨발년, 개년, 입 닥쳐라, 배 째버린다, 다 죽여 버린다, 아가리를 짼다, 두 눈을 파뿐다”고 말하여 피해자를 협박하였다.

B. The Defendant, as the husband of the victim E, who was set by the above reason, brought about a drinking to the victim F, who was the husband of the victim E, and threatened the victim by saying, “The Defendant is aware of the horns of rhinoceros with this ringer, and the knife with the knife.”

2. Definating;

A. The Defendant publicly insulting the victim E by openly referring to the victim E (hereinafter “this weather year, the elderly, and the entrance”) at the same time and place as the above time and place.

B. For the same reason at the above time and place, the Defendant publicly insultingd the victim F (F) by referring to the victim F as “this son” with a large interest.

Summary of Evidence

1. Each legal statement of witness E, F, I, and J;

1. A complaint;

1. Application of the Acts and subordinate statutes governing the investigation report (CCTV image attachment);

1. Relevant provisions of the Criminal Act and Article 283 (1) of the Criminal Act, and Article 311 of the Criminal Act, respectively, concerning the crime;

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. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act constitutes a justifiable act of intimidation, and the part of the victim F was made by threatening the above victim by drinking the defendant's chest.

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