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(영문) 부산지방법원 서부지원 2019.08.23 2019고정310

특수협박

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 23:30 on December 16, 2018, the Defendant, within the first floor located in Busan Shodong-gu, Busan, 2018, threatened the victim with the kitchen C (51 years old), who had been voluntarily operated in the reduction district, and had been in the reduction district because of the failure to punish each other, and again found in the above place where the victim was the victim, and thereby, threatened the kitchen knife (20cm in the blade length, 33 cm in the length of the day, the knife), which is a dangerous object in the kitchen.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, and C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. The defendant's assertion of provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the kitchen knife, which is a dangerous article, has no threat to the victim.

However, the following facts and circumstances acknowledged by the evidence duly examined by this court, namely, (i) the disabled person who has been judged as having a 3rd disability of the delay cut up by the defendant 2, 3, and 4 (or cutting). However, even according to the photographs submitted by the defendant, it is not possible for the defendant to take the kitchen knife by the defendant's hand; (ii) all those who were at the scene, including the victim, stated that the defendant threatened the victim in the state of knife; (iii) the victim expressed an explicit intent that he does not want the punishment of the defendant; (iv) the defendant is difficult to deem that the victim made a false statement to harm the defendant; (v) the defendant is unable to memory specific situations under the influence of alcohol at the time; and (v) any article is attached.