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(영문) 수원지방법원 안양지원 2016.01.21 2015고단1467

특수협박

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 8, 2015, the Defendant: (a) expressed the Defendant’s desire on September 8, 2015, to “E operated by the Victim D (Woo, 53 years old) located in the Manan-gu, Syan-gu; (b) while entering and drinking as a guest; (c) “Is the Defendant, with the knowledge that Isn't know who would be able to know who Isn's and me will be able to do so; and (d) whether Is you would see.”

“Isker, Isker, Isker, Isker, Isker, and ambling Isker, and “Isker, Isker, Isker, Isker.”

Cp. Whether I want to die now or not,

On the other hand, “the victim was expressed as the above beer’s disease, and was committed with an attitude that seems to be the victim.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of D and F;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. The Defendant’s special intimidation on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) is a crime against the female business owner, and the crime’s nature is not weak.

In addition, considering the fact that the defendant was sentenced to 8 months of the suspension of the execution of official duties in Seoul Northern District Court on January 8, 2015 and is under the suspension of the execution of the official duties, it is necessary to punish the defendant accordingly.

However, since 2010, considering the following favorable circumstances: (a) the Defendant has no criminal record of violence other than once before and after the suspended sentence; (b) the Defendant has led to the confession of the crime; (c) the victim has expressed his intention not to punish the Defendant; and (d) the victim appears to have a family member to support the Defendant, such as his mother and her baby, by agreement with the victim.

This is the old sentence of the prosecutor (one year of imprisonment) before agreement with the victim is reached.

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