beta
(영문) 서울남부지방법원 2019.09.04 2019고단2627

특수협박

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

At around 08:10 on May 9, 2019, the Defendant stated that “A victim C (n'e, 51 years of age) was a director after deducting the continuous smuggling of the building B underground of Yeongdeungpo-gu Seoul Metropolitan Government,” and said, “A knife (the total length of 32cc, 20cc and 10cm length of knife)” to the victim, on the ground that the victim C (here, 51 years of age) said “a director” was “a director who was at the same time at the same time scam.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement C and D;

1. The police seizure record and the list of seizure;

1. 112 Reporting case management table;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is both confessions and reflects the depth of the instant crime, and it is the primary offender who has no means of punishment, and the victim, a lessor, under the circumstance where the health condition is not good, has taken an contingent knife by taking into account the monthly rent, etc., but the risk or the degree of intimidation is not significant in light of the overall circumstances. After the agreement with the victim, it seems that the victim does not have been punished for the defendant, taking into account the following factors of sentencing, such as the victim’s age, health status, environment, motive for the crime, and circumstances after the crime, etc., the punishment is determined as ordered by the order.