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(영문) 서울서부지방법원 2016.10.21 2016고정994

특수협박등

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

1. On February 3, 2016, the Defendant: (a) around 18:20 on February 3, 2016, at the center of the Fcafeteria in Seodaemun-gu Seoul, the spouse of the victim D, who was dissatisfied with the management right of the said restaurant; (b) was dissatisfied with the management right of the said restaurant; (c) had the victim and E; (d) had the victim’s complaint with the management right of the said restaurant; and (d) had the victim’s water dump using the victim’s own head-hos who

Accordingly, the defendant assaulted the victim.

2. The Defendant, at the time and place as referred to in Paragraph 1, threatened the victim D with water by using the heading, such as Paragraph 1, and by gathering the kitchen knife ( approximately 47 cm in total length, approximately 30 cm in blades), which is a dangerous object located in the line.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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