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(영문) 수원지방법원성남지원 2020.08.27 2020고정457

특수협박

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A “B” convenience store employees and victims C(23 years of age) are customers of the above convenience store.

At around 03:30 on February 2, 2020, the Defendant expressed a desire to “Cinep” in the “B convenience store” located in Seongbuk-si, Seongbuk-si, Sungnam-si, as a mixed-type model among the cell phone images, and the victim who was drinking in the convenience store was mistaken for her hump, and became a vision in front of the carter.

While the Defendant made conversations with the victim by raising the speech with the victim, the Defendant made a threat that “I amb off, I amb off, I amb off, I amb off, I amb off, I amb off, I amb off, I amb off, I amb off. I amb off.”

Accordingly, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Field and photo of the C’s statement;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The sentencing conditions of Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the following circumstances, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., shall be determined as per the order.

Unfavorable circumstances: the risk of the means of crime is high.

The favorable circumstances: the defendant is seriously against the defendant, and the victim does not want the punishment of the defendant by paying the agreed money to the victim, and the victim does not want the punishment of the defendant.

There is no record of criminal punishment against the defendant.