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(영문) 서울북부지방법원 2019.01.09 2018고단4353

특수협박

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

At around 21:20 on September 24, 2018, the Defendant requested the victim C to provide daily allowances in advance at the “D” operated by the victim C(53 years of age) located in Ansan-si, Ansan-si, the Defendant, but refused to provide, three food blades (one total length, 34 cm, 22 cm length, 37 cm in total, 14 cm in length, 14 cm in length, 32 cm in length, and 19 cm in length of the knive day), which are dangerous articles possessed by the victim C.

The Defendant continued to use one food knife (34 cm in total length, 22 cm in length) on the ground that the victim E (the 45-year-old) who is his employee is her own, and continuously displayed the victim E.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Police seizure records;

1. Each photograph;

1. Application of the Acts and subordinate statutes on photographic records;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the criminal records of the defendant for the reason of sentencing of the provisional payment order, and the criminal records are committed during the period of repeated crime, and the attitude of the crime is dangerous; however, it is unfavorable for the victim to immediately restrain the defendant, and the victims are not in the position of special injury; the victims are called the defendant's wife by agreement with the victims; the defendant is against the defendant and other conditions of sentencing as shown in the records, shall be determined as per the order.