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(영문) 서울동부지방법원 2019.07.10 2019고단1079

특수협박

Text

A defendant shall be punished by a fine of four million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Criminal facts

피고인은 2019. 2. 8. 11:50경 송파구 B에 있는 피해자 C(42세)이 관리하는 카센터에서, 그 옆에 세워둔 자신의 승용차에 걸린 원룸텔 홍보 현수막에 기름때가 묻어 있는 것을 보고 화가 나, 피해자에게 “현수막에 기름을 칠해 놨다. 불 질러 버린다. 확 불 질러 버릴까보다. 죽여 버린다.”라고 소리쳤다.

The Defendant continued to possess a knife a knife a knife (73cc in knife length) that is a dangerous object that he had kept in his house, and brought the knife a victim who is inside the knife of the knife of the knife and brought the knife (73cc in knife) and threatened the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of the processing of reported cases;

1. Application of statutes, such as field CCTV photographs;

1. Articles 284 and 283 (1) of the Criminal Act. Article 283 (Selection of Fine);

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the fact that the victim is not subject to punishment, and only one minor fine prior to the twenty-year period, shall be selected by a fine.

The paper points out that the method of preparing in advance a written application that seems to deny the facts of the crime (damage) contrary to the victim's statement and submitting it with the victim's signature, which is contrary to the victim's criminal investigation, can cause a negative impact on the sentencing rather than a pleading beyond the Do.

In full view of the evidence, such as the statement of the witness, the actual case occurred when the defendant was unable to take care of his neighbors, and the case falls under the lack of social relation, which is set forth in the sentencing guidelines due to the negative reasons in the suspension of the execution of imprisonment when the defendant choose to punish a new case.