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(영문) 대구지방법원 포항지원 2021.03.11 2020고단1662

특수협박

Text

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

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

Reasons

Punishment of the crime

On December 20, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) in the Daegu District Court Port Support on December 20, 2018, and completed the execution of the sentence at the port prison on April 28, 2019.

The defendant is the neighbor of the victim B(66) and the victim C(71).

1. On November 11, 2020, the Defendant: (a) around 08:00 on November 11, 2020, at the “E” restaurant operated by the victim B located in North-gu, Northern-gu, Mapo-si on November 11, 2020; (b) without any particular reason, breadd the victim B and the victim C, “Is the dead and dominated match me,” without any specific reason; and (c) knife, which is a dangerous object in the kitchen of the said restaurant, (15cc in length and 28cc in total length), bread with the victims; and (d) breads, the victims, “Is the knife, the aged and the flue son, who died, and the flue son, who died.”

Accordingly, the defendant carried dangerous articles and threatened victims.

2. On November 11, 2020, the Defendant: (a) under the influence of alcohol at the same place around 15:30 on November 11, 2020, at around 15:30, the Defendant, without any particular reason, threatened the victim B and C with heavy stones (30cm in width, 20cm in length, and 20cm in length) that are dangerous goods for hand hand, without any justifiable reason; and (b) the Defendant found the said restaurant to the victim B and the victim C by stating “the victim B and the victim C only died of this weather gue; and (c) by stating “the victim B to die only.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions in police statements made by each police officer against BC: The results of inquiry and the application of Acts and subordinate statutes on investigation reports (applicable to the same type of crime);

1. Selection of each of the selective fines provided for in Articles 284 and 283(1) of the Criminal Act concerning criminal facts as provided for in Articles 283 and 50 of the same Act;

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

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 provides that a provisional payment order shall be issued.