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(영문) 서울동부지방법원 2017.11.17 2017고정551

특수협박

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant, at around 23:55 on October 27, 2016, did not receive any customer from the Defendant, who is an employee of the said singing room, within the “D” singing room of Songpa-gu Seoul Metropolitan Government 1st underground in Songpa-gu Seoul.

for reasons of assaulting the victim E (n.e., assaulting him) and doing so, the victim E (n.e., assaulting him) with approximately 32 cm in length, which is a dangerous object, and with the back of the knife knife 20 cm in length (20 cm in length).

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police seizure records;

1. The defendant and his defense counsel asserted to the effect that he had only expressed the victim's desire by entering the above singing toilet, and that he did not have any knife. However, the following circumstances revealed by the evidence duly adopted and investigated by this court, i.e., the victim continued to make a statement from the time of the case to the time of the court, and the victim identified the knife of the defendant's knife, and the victim identified the knife of the defendant's own knife.

It is true that the above statement was made to the effect that it was somewhat exaggerated and distorted in this court, but the victim made a statement to the effect that it was very urgent situation at the time when the victim discovered the knife cited in the toilet, and that there was a special reason to believe that the victim used the knife and threatened the victim with the knife.

It seems that the defendant did not seem to be seen by the investigative agency, and went to the toilet, reported the defendant's existence, and told the defendant to do so.

However, this court made a statement to the effect that it was entered as a toilet to resist the defendant against the defendant.