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(영문) 수원지방법원 안산지원 2018.07.05 2017고단2831

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

On July 23, 2017, at around 01:45, the Defendant: (a) 01:45, at the main point of “E” operated by the Defendant, the victim D (hereinafter referred to as “E”) located in Ansan-si (hereinafter referred to as “A”), who was in his possession of the Defendant, flick-kick-kin (hereinafter referred to as 33.5 cm in total length, 21.5 cm in length) with the victim’s knick-knick-gu, Ansan-si; (b) had the victim D (hereinafter referred to as 47 knick-knick-si) who was in his possession of the victim; and (c) had the victim’s knick-knick-knick-si, and had the victim’s attitude of harming his life and body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records and lists of seizure, and photographs of seized articles;

1. Application of CCTV-related Acts and subordinate statutes;

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. 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 crime of this case committed with the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is not suitable for the crime of this case where the defendant threatens others by using the knife which is a lethal weapon.

However, in consideration of the fact that the defendant is the first offender and the defendant shows an attitude against the wrong, the punishment shall be determined as per the disposition.