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(영문) 의정부지방법원 2019.08.21 2019고단650

특수협박등

Text

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

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

Reasons

Punishment of the crime

The Defendant, as an employee, was in line with the victim C (n, 34 years of age) at a singing room.

1. A special intimidation: (a) on September 16, 2018, at the victim’s house located in Seocheon-si Dudio E, the Defendant called “I will see that I will see that I will see that I will see that I will see the victim’s house, “I will see that I will see that I will see the victim’s house.” (30 cm in total length, 23 cm in length) which is a dangerous thing in the scam of the scam in the scam of the scam, the location of which is a dangerous thing in the scam of the scam of the scam and throw the knife of the victim’s knife in the victim’s hand.”

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

2. The Defendant, after committing the acts mentioned in the above paragraph 1, went out of the front door, F, who was an offender who was in line with the above action, went out of the front door, and the victim got out of the front door, “may die............” The victim again went out of the victim’s house and went out of the front door of the victim, thereby taking out the transition (20 cm in total length, 12 cm in the blade length) which is a dangerous object in the state of being in the state of being in the state of the victim.

Accordingly, the defendant carried a dangerous article in excess of the victim's right to use it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Investigation of the counter party of the shootings);

1. Application of statutes, such as site photographs;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, the choice of fines for the 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The victim has a high risk of knife or having committed an act of knife and having committed an injury by assaulting a female in the future even before the three months in this case, and even after the three months in this case.