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(영문) 서울동부지방법원 2020.12.07 2020고단1794

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 February 26, 2020, at around 02:53, the Defendant: (a) used a D taxi operated by the victim C on the front side of Gangdong-gu Seoul Metropolitan Government, and then settled the taxi fee, the Defendant called “I would come to have money” during the dispute with the victim due to the payment of the taxi fee, which is not paid by excess of the limit.

Since then, the defendant had a kitchen knife (30 cm in total length, 18 cm in length) which is a dangerous thing in the defendant's house, and had a kitchen knife in the driver's seat, while displaying the kitchen knife in the driver's seat, "the kitchen knife."

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. E statements;

1. Police seizure records;

1. A taxibbbbox and video CD;

1. Application of the statutes governing knives and photographs to crimes;

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 to attract a workhouse;

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

1. Taking into account such factors as the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a contingent crime for sentencing, the fact that it is difficult to see that the degree of intimidation is heavy because the defendant's moving to the chief direction at the time is not clear, the victim does not want the punishment of the defendant, and the victim reflects in depth