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(영문) 수원지방법원 2017.10.27 2017고단4157

특수협박

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal record] On March 13, 2014, the Defendant was sentenced to ten months of imprisonment by the Seoul High Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence at Daegu Prison on December 23, 2014.

[2] On April 28, 2017, the Defendant: (a) expressed a warning that the Defendant 1 was able to use a dangerous object in the way of traffic control, i.e., the victim B (e., the age of 32) who franced with the Defendant’s vehicle in front of the 63-day branch church, a 71-day speech and behavior, on April 28, 2017, on the ground that the victim B (e.g., the age of 32) who franced with the Defendant’s vehicle in front of the 63 branch church.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Investigation report (report attached, such as photographs, etc. of the container with which the person under investigation is exposed);

1. Data concerning the Appellant's files and video records;

1. Previous convictions: Application of the Acts and subordinate statutes on the acceptance of individuals, such as a written inquiry about criminal history, text of judgment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, following the completion of the execution of the judgment on the criminal records, the Defendant committed the instant crime before the end of the repeated crime period even though he/she was punished by a fine of KRW 2 million due to property damage committed around May 2016 during the repeated crime period.

Where a defendant is sentenced to imprisonment, his/her sentence shall be inevitable.

The fact that the crime of breaking violence to another person continues to be repeated is disadvantageous, or that the defendant supports the elderly's father while suffering from the disease of stimulative disorder, and that it does not cause harm to other people again with the treatment of pharmacologic.

It takes into account various conditions of sentencing, such as the fact that the sentencing is different.