Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

피고인은 2016. 1. 28. 02:10경 부산시 남구 B에 있는 C모텔 안에서 위 모텔 종업원인 피해자 D(37세)에게 20만 원을 빌려달라고 요구하였다가 피해자로부터 이를 거절당하자 밖으로 나가 위험한 물건인 각목(길이 69cm, 너비 8cm, 두께 5cm)을 가지고 다시 위 모텔로 들어와 위 각목으로 피해자가 있는 카운터 앞 바닥을 툭툭 치고, 각목을 카운터 유리창 너머로 밀어 넣으면서 피해자에게 “돈을 빌려주지 않으면 모텔 유리창과 간판을 부숴 버리겠다.”라고 말하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographss of each item, construction site photographs, and CCTV closure photographs;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. Determination of sentence: The crime of this case only requires a fine of eight million won to be lent money, and thus, the crime of this case is merely a dangerous object, such as threatening the victim by using the floor as a dangerous object, and the nature of the crime is not somewhat weak;

Furthermore, on October 22, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court, and on October 30, 2015, on which the judgment became final and conclusive and conclusive on October 30, 2015, and again committed the instant crime of the same kind at the time of the lapse of about three months, without being imprisoned.

On the other hand, on the other hand, it seems that the defendant caused the loss of alcohol and self-control, which caused the occurrence of the crime of this case by contingency and impulsely, and even even though it was done, the victim did not have physical damage.

The Defendant committed the instant crime.