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(영문) 대구지방법원 포항지원 2018.05.31 2018고단138

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

The defendant is a person who resides in Nam-gu C lending 102, Nam-gu, and the victim D(54) is a person who resides in the above lending 303.

On January 15, 2018, the Defendant: (a) on the front passage of the Ba 303rd of the Bara, around 14:35, 2018, while the water tank on the rooftop was frighted, the Defendant saw the victim as her hand a net value, which is a dangerous object ( approximately 32 cm in width, about 12.5 cm in length) on the ground that the damaged person tried not to share the repair cost, and caused the fire to do so.

“The term “ was so large as to be”.

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. E statements;

1. Application of Acts and subordinate statutes on watchic 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. Although the nature of the crime of this case, which is an object dangerous to the sentencing of Article 334(1) of the Criminal Procedure Act, is somewhat weak in light of the form of the crime of this case that threatened the victim, the crime of this case does not reach the level of actual assault, other favorable circumstances such as the fact that the crime of this case did not have any record of crime except for the punishment once in 2005, the fact that there is no record of crime, the fact that the mistake is recognized, the fact that the victim seems to have been making considerable efforts to reach an agreement, and the amount of fine is determined as ordered in consideration of the above circumstances and other favorable factors such as motive, means, and result leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, and the environment.