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(영문) 서울중앙지방법원 2017.01.12 2016고단8120

특수협박

Text

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

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

Reasons

Punishment of the crime

On October 29, 2016, around 20:25, the Defendant: (a) went through the victim D (19 years of age) and the victim E (17 years of age) who was under the influence of alcohol in the front of Gwanak-gu, Seoul Special Metropolitan City; (b) on October 29, 2016, and (c) without any justifiable reason for the victims.

Csush sing down, and take a bath, and the transition (13cc in length of the blade x 25cc in total) which is a dangerous object previously possessed.

In other words, the victims threatened the victims as they were influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the police seizure protocol statutes;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a physical and mental state.

2. According to the evidence duly adopted and examined by the court, the defendant appears to have been under the influence of alcohol at the time. However, in light of the defendant's speech and behavior, the situation before and after the time, and the content of the statement in the investigative agency, etc., it is difficult to view that the degree has reached a state where the defendant's ability to discern things or make decisions is weak

The reason for sentencing is a very dangerous crime against many and unspecified persons that the defendant takes up excessive points, which is a dangerous object in the street at night, and threatens them to provokings.

However, the defendant reflects his fault in depth.

It seems to be a crime that has lost self-defense and has committed contingently after drinking, and the degree of actual intimidation is not much important as a result of the crime.

There is only one fine due to drinking driving, and there is no criminal record of the same kind of crime or of the suspension of execution.