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(영문) 서울북부지방법원 2018.09.21 2018고정1004
특수협박
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 9, 2018, at around 15:30 on March 15:30, 2018, the Defendant: (a) in the Seoul Special Metropolitan City, Nowon-gu Senior Housing Management Association, it was asked that the victims D (V, 68 years of age) were the chairperson of the Senior Citizens Association; (b) on the ground that the victims did not properly answer, the Defendant: (c) “Influent the death of the victims”; and (d) took golf loans, which are dangerous objects; and (d) threatened the victims with dangerous objects.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of D and E;

1. Golf photography (the defendant and his defense counsel suffered from the mental illness of the stimulative disorder at the time of committing the instant crime, and the defendant suffered from the mental disorder of the stimulative disorder;

However, in light of the background, contents, and method of the instant crime and the Defendant’s conduct and circumstances before and after the instant crime committed by the evidence duly adopted and investigated by the court, the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

As such, the above assertion is rejected.

Application of Statutes

1. Articles 284 and 283 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

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;

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