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(영문) 서울북부지방법원 2017.04.19 2017고단319

특수협박

Text

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

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

Reasons

Punishment of the crime

On November 26, 2016, around 20:30 on November 26, 2016, the Defendant used a knife knife, which is a dangerous object, and made a threat against the victim, on the ground that the victim C (53) parked in the front of the residence of the victim C (53) located in Seongbuk-gu Seoul Metropolitan Government, called the victim's vehicle to be deducted.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on the photograph of cell phone photographing and dynamic image;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, citing and threatening the knife, which is a dangerous thing for the defendant, shall be deemed to be light in light of the type of the crime in this case

Although the defendant is not allowed to commit the crime of this case, considering all the circumstances revealed in the records and arguments of this case such as the fact that the defendant is recognized and against the defendant, that the victim does not want the punishment of the defendant, that there is no criminal record of the same kind, etc., the punishment shall be determined as ordered.