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(영문) 대구지방법원안동지원 2020.12.15 2020고단537

특수협박등

Text

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

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

Reasons

Punishment of the crime

1. On May 26, 2020, the Defendant: (a) around 22:04, at the “D” operated by the Victim C (Y, 61 years old; and (b) on May 26, 202, the Defendant: (c) requested the victim to provide alcohol; (d) was rejected, and (e) caused the Defendant’s failure to do so; and (e) caused the Plaintiff’s mispercing that he was the victim’s possession and the total market price of the 10,000 won.

Accordingly, the defendant damaged the victim's property.

2. Special intimidation: (a) on the grounds stated in paragraph 1, the Defendant: (b) brought in hand the salted salt chain (23cc in total length) that is a dangerous object on the table, at the time, at the place, and on the grounds stated in paragraph 1; and (c) threatened the victim’s eye by shacking the snow to the victim C (the 61-year-old) while shicking off the snow; and (b) threatening the victim’s eye by shicked salting.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of each internal investigation report (related to the hearing of the victim's statements suspected of suspect) to C on the police statement, six on-site photographs, six on-site photographs, and three on-site photographs

1. Relevant Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for a crime;

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

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

1. In full view of the following circumstances of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and other conditions of sentencing as indicated in the records and arguments, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence shall be determined as ordered.

The favorable circumstances: The defendant shows both recognition of and reflects on crimes, and the circumstances that the victim does not want punishment against the defendant under an agreement with the victim: criminal records related to violence shall be sentenced.