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(영문) 수원지방법원 2020.03.11 2019고단8066

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 December 5, 2019, at around 11:15, the Defendant brought a dispute with the victim on the ground that the victim D (the age of 47) was at the front of the bus stops at the entrance of the Goung-gu C, Young-gu, Gan-si B, for the reason that it would interfere with traffic by stopping a taxi. On the other hand, the Defendant brought a dangerous object in the bus operated by the Defendant, which was located near the said area, excessively (the length of 2.5 cm, 12 cm) and excessively produced the excess to the victim and threatened the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (to have telephone conversations for witnesses);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing the site and excessive photographs;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, shall be determined as ordered by considering the following circumstances in the reason of sentencing under Article 48(1)1 of the Criminal Act.

Unfavorable circumstances - The criminal law of the defendant is considerably dangerous.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- The Defendant agreed with the victim.

- The defendant is an initial offender who has no record of criminal punishment.