(영문) 의정부지방법원 2020.05.27 2019고단4930

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.27 2019고단4930

특수협박

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged [criminal record] Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Eastern District Court on May 11, 2018 and completed the execution of the sentence on February 14, 2019.

【Criminal Facts】

Around 19:30 on February 27, 2019, the Defendant lost KRW 30,000 while playing a game in the PC room, and the Defendant demanded the victim D (the age of 42) who is the business owner to return KRW 200,000 to the PC, and the victim refused this request. The victim called "I am off the floor with a fire extinguishing machine, which is a dangerous object located outside the PC," and "I am quickly resolved to the victim." The Defendant continued to show that the knife, which is a dangerous object outside the PC, was cut to the victim and show that the knife, which is a dangerous object outside the PC, was "I am am am me."

Accordingly, the Defendant carried dangerous objects as above and threatened the victim.

2. Determination on special intimidation

A. Comprehensively taking account of the evidence duly adopted and examined by this court, the fact that the Defendant told the victim to lose KRW 30,000 to the game at the date and time of the charge that “the victim lost KRW 200,000,000 to the game.”

B. Furthermore, as indicated in the facts charged at the time, we examine as to whether the Defendant was able to get off the floor by putting a fire extinguisher on the floor, or “whether the knife knife knife was displayed by the victim.”

1) The statements made by the victim as the most important evidence in the instant case, and all except the circumstantial evidence (or several 52 pages) are admissible as hearsay evidence, that the statement by the witness (or several 52 pages) stating that the victim was the victim’s statement and the victim was merely circumstantial evidence.

[2] The victim submitted a written statement to the investigative agency stating that “I am fire extinguishers and I am knife a knife a knife a knife a knife a knife a knife a knife” ( several pages). At the time of the police investigation, I went out of the entrance of the game room.

Defendant.

유사 판례

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-서울북부지방법원 2014.05.30 2014고단824

-춘천지방법원 영월지원 2020.03.31 2020고단82

-서울동부지방법원 2013.12.19 2013고합330