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(영문) 수원지방법원 2018.02.07 2017고정1984

특수존속협박

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 15, 2017, the Defendant changed the amount of money to KRW 300,000,000 to the mother of the damaged at his house located in Chungcheongnam-si, 102 and 201, and to D (72 years of age), father E (75 years of age). However, the victims refused the payment while leading the Defendant, and the victims refused the payment of money, “dle sound”

“The total length: 23 cm and blade length: 12 cm) was used for a sound and dangerous object, and the victims had the same attitude of causing harm to the body or life of the victims, such as provoking the victims as they did, and having the victims come to open the door, and going to open the door, a dangerous object to close the door.

Accordingly, the defendant threatened the victims who continue to exist by using dangerous articles.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement of the police statement to E (including D's statement part);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the scene or a deadly weapon;

1. Articles 284 and 283 (2) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( Taking into account the fact that the defendant has no history of criminal punishment, has a wrong record of criminal punishment, has the criminal intent to mislead the defendant, has no particular economic ability for the defendant, and the victims have not applied for punishment against the defendant);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;