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(영문) 제주지방법원 2020.03.20 2019고단308

특수협박

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 22:30 on May 4, 2018, the Defendant expressed the victim D (D, 33 years of age) and talked with the victim on the ground that the victim was able to have the Defendant examined, and expressed the victim’s desire to “I wish to sing to sing to singe, sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement made by the police about D's written statement; and

1. Entry of the written statements of D;

1. Entry of the police record of seizure;

1. Application of each of the related visual Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. 【The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of the applicable sentences under the law】 Fine of 50,000 won or more from 1.5 million won to 【The sentence of a sentence of a fine of a fine of 1.5 million won: The defendant has the record of having been sentenced to suspension of indictment for a crime of violation of the Punishment of Violence, etc. Act (collectively weapons, etc.) from the prosecutor belonging to the Hong Sung branch Office of the Daejeon District Prosecutors’ Office on March 26, 2014; the defendant is unable to be used from her victim; the defendant appears to have committed the instant crime by contingency while she has a verbal dispute with her victim; the defendant has no record of criminal punishment due to violent crimes; the defendant has no record of criminal punishment regularly against her; the sentence shall be determined as per the order, taking into account all the various circumstances that form the conditions for sentencing specified in the argument of the instant case, such as the defendant’s age

It is so decided as per Disposition for the above reasons.