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(영문) 울산지방법원 2018.11.30 2018고단2541

특수협박등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

1. Special intimidation: (a) on July 25, 2018, the Defendant: (b) 16:25, Ulsan-gun apartment apartment door, Ulsan-gun, Ulsan-gun, the Defendant sent the victim C (the age of 47) who is a manager of plucking, plucking, plucking, and “I ambling, you will not do so,” and (b) is called “I ambling,” while continuing to bucking, plpling, “I ambling the police,” and according to the fact that the victim’s phone reported to the police, “I ambling, I am the victim’s car,” and knife the victim’s knife knife (the total length of 19cm and 8cm on the day) which is a dangerous object that was in possession of nick-gun.

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

2. The Defendant damaged the property owned by the victim by galloning S8 mobile phones owned by the victim, on which the Defendant’s act was taken as a mobile phone at the time and at a place set forth in paragraph (1) by galloning S8 mobile phones by hand so that the amount can be reduced to the bottom, thereby damaging the property equivalent to 193,000 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and the point of special intimidation regarding the crime: Articles 284 and 283 (1) of the Criminal Act, the point of damage to the selective property of a fine: Article 366 of the Criminal Act, and the choice of a fine;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act provides two times the records of violence and damage to property to the defendant. In particular, not only at the time of this case but also at present, the defendant is under the suspension of the execution of imprisonment due to the crime of damage to property, and the defendant is under the suspension of the execution of imprisonment.