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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단810

특수협박

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On December 22, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Daejeon District Court on May 18, 2017 and completed the execution of the sentence at the Daejeon District Court on May 18, 2017. On July 19, 2017, the Defendant was sentenced to one year of suspension of execution for four months of imprisonment with prison labor for an injury resulting from violence at the Daejeon District Court on April, 2017, and the said judgment became final and conclusive on July 27, 2017.

[2] On August 20, 2017, around 18:57, the Defendant: (a) walked down the bottom of the victim D’s “E” in the “E” of the victim’s D operation in Boh-si, Bohyeong-si; and (b) had a view to the victim’s appearance from the victim, and threatened the victim with the victim’s “Cps and boat sites discarded down.”

Does the victim threaten a person without the victim's own intention

The Defendant threatened the victim by putting the knife onto the knife, “Is knife, Is knife, Is knife, Is knife, Is knife, Is knife, Is knife, Is knife Is knife in FG market in the same Dong.”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1.Protocol of seizure, report of internal investigation (Evidence 4)

1. Application of Acts and subordinate statutes to the personal confinement status, such as inquiries about criminal history, text of judgment, etc. and case search result;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) of the Criminal Act regarding criminal facts, the choice of fines (the fact that the crime of this case was committed, the fact that the crime of this case was committed against the victim, the fact that it was agreed with the victim, and any other conditions of sentencing recorded in the records, such as the defendant's age, sexual conduct, environment, and circumstances before and after the crime of this case, shall be considered);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;