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(영문) 서울중앙지방법원 2020.01.29 2019고정2290

특수협박등

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 August 15, 2019, at around 15:20, the Defendant, while drinking alcohol at “C” in Seoul Special Metropolitan City, Gwanak-gu B and 1st floor due to the drinking value problem, used the victim D (the age of 51) who was under contact with the business owner to have a verbal dispute with the victim D (the age of 51) who was under contact with the business owner, and used a dangerous object that is far away from the floor, and used the victim to threaten the victim in a way that they are influent with the victim, and used the victim by driving the victim’s sexual climate and high exchange with his own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. A written statement of D, E, and F;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to the site photographs and cover photographs of seized articles;

1. Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the selection of fines 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 (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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. The Defendant did not assault D by means of threatening D by means of threatening D, or using D’s sexual instruments and knife in his hand, as the lazeds of D.

2. The following circumstances, which can be acknowledged by the aforementioned evidence duly adopted and investigated by the court, namely, D, a relatively concrete statement to the effect that “The Defendant threatened the Defendant with a view to facing the Defendant’s Gashes in the manner of Gashes and Gashes and Doshes in his/her own sexual organ and Doshes in his/her hand,” and the E and F, which had observed the scene at that time, are relatively specific to the effect that it conforms to the aforementioned statements of D.