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(영문) 대구지방법원 경주지원 2018.06.27 2018고단311
특수협박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 8, 2018, at around 21:45, the Defendant 21:45, on the road in front of the C cafeteria B, the Defendant drinked alcoholic beverages in the said cafeteria, and became E and Si expenses for the victim D (40 years of age). While the Defendant was able to control the victim from the victim, and was in a dispute with the victim in front of the said cafeteria, the Defendant she was hicked by the victim, who was able to say, “I Do Do Do Do Do Do Do Do”, and entered the said cafeteria.

After the shouldering of the main disease, the victim "I am Ba, I Ra, I Ra," and acted as if I would like to inflict harm on the life and body of the victim with the shoulderer who is a dangerous object in his/her hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the oral statement made to the defendant in the police interrogation protocol;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (related to the statements of shots G- C cafeteria operators);

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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

1. Although the criminal sentencing of Article 334(1) of the Criminal Procedure Act is not good for the reason of sentencing of the defendant, the punishment shall be determined as ordered by taking into account the following factors: (a) the confession and reflect of the defendant; (b) the injured party does not want the punishment of the defendant; (c) the same criminal record was 15 years prior to the defendant; (d) the injured party's body was not harmed by near the injured party's body; and (e) various sentencing factors indicated in the records and arguments of this case.

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