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(영문) 서울북부지방법원 2016.10.20 2016고단1837

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

Punishment of the crime

At around 06:00 on April 22, 2016, the Defendant, while working in the DPC located in Dongdaemun-gu Seoul Metropolitan Government, was threatening the victim E (23 years of age) who was a customer to take food into the warehouse, and threatened the victim with lives, “hing down to lives, hinging off to lives,” and returned to the next direction. However, the victim’s behaviors return to the next direction, but the victim’s knives (30cm in length, 18cc in length, knive length) are knives (18cc in length), which are dangerous things that were at the multilateral bank.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes governing the photographic knife of crime

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding ten million won;

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is in depth divided his own crime from the investigation stage to this court, and is against himself; the victim E after the prosecution, the defendant made efforts to recover damage by paying 2 million won to the victim E; and the above victim's written agreement was submitted, etc.: the circumstances leading to the crime of this case; the circumstances leading to the crime of this case; the risk of the instrument used for the crime of this case; the defendant's imprisonment with prison labor for 6 months and suspended execution two years. < Amended by Act No. 13582, Nov. 20, 2015>