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(영문) 서울동부지방법원 2019.01.17 2018고단3159

특수협박

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On July 3, 2018, at around 16:40, the Defendant threatened the victim with the “D” main points operated by the victim C (n, 70 years of age) in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, with a view to breaking the electric power, etc. installed in front of the above main points, while the Defendant brought a dispute with the victim with the victim, he saw the victim as a small-scale disease, which is a dangerous object on the table table, and said, that the victim would die and throw away the same year of width and throw away,” and said, the Defendant committed an act that seems to cause the victim’s head.

Accordingly, the defendant carried a dangerous object, and threatened the victim with a disease.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to pictures of soldiers used for committing the crime;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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 defendant's act appears to be highly dangerous, and the defendant has committed an act that seems to be detrimental to the victim's head due to the crime of injury, assault, etc.; circumstances favorable to the defendant's past record of punishment due to his/her mistake: The victim's act of pening and opposing his/her mistake; the victim's age, character and behavior, motive, means and consequence of the crime; circumstances after the crime, etc. are considered.