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(영문) 서울서부지방법원 2017.02.10 2016고정1601

특수협박등

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

1. On August 25, 2016, the Defendant, at the main point of “D” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around August 22:10, 2016, thought that the Defendant had access to the victim E (52 years old) who was drinking alcohol at that place, and assaulted the victim by putting a breath’s breath and booming the victim’s face, and by drinking the victim’s face.

2. A special intimidation Defendant, immediately after committing the crime of paragraph 1, has a knife (31 cm in total length, 18.5 cm in length) that is dangerous articles by entering the main room at the same place, and has a knife and thrown away the knife to the victim E.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Article 260 (1) of the Criminal Act (the point of violence), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;