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(영문) 서울북부지방법원 2018.01.18 2017고단4625
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

[Criminal Records] On February 1, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for special bodily injury at the Seoul Northern District Court and was released on June 30, 2017.

[2] On September 18, 2017, the Defendant: (a) was in dispute with the hospital expenses that occurred due to the body of the victim C (45 cm) around 09:30, the Defendant used the knife knife (19.5 cm in total length), which is a dangerous object in the kitchen, as knife, as knife knife knife knife knife knife knife knife knife knife knife.

We need to see the good.

“.......”

피고인은 피해 자가 위 식칼을 빼앗아 밖으로 버리자 재차 주방에서 위험한 물건인 과도( 총 길이 23cm, 칼날 길이 12cm )를 들고 와 피해자에게 “ 씹할 놈 좃 팔 놈” 이라고 말하였다.

The Defendant also deducted the above excessive amount from the victim’s room, and took the victim’s ice (25 cm in total length and 16 cm in length on the day), which is a dangerous thing in the main room to be abandoned out of the victim’s room, and the victim’s “Chewing typ death” is discarded.

“.......”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of the victim;

1. Seizure records;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the period of repeated crimes and attachment of the same electric power), and application of the text of the judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated 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;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act was that the Defendant had been punished several times for violent crimes, and was released on parole after having been sentenced to a special injury crime at the time of the instant case.

Nevertheless, the crime of this case was committed by using dangerous objects.

However, the defendant is the case.

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