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(영문) 서울남부지방법원 2019.07.11 2019고단615
특수협박등
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Around February 22 and 25, 2019, the Defendant: (a) expressed an attitude to the effect that “C” in front of the “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, and that the victim D (the victim D 29 years of age is presumed to have taken away another’s goods; (b) the kitchen knife, which is a dangerous object that the victim’s misunderstanding that the victim would have taken away another’s goods, is 30cm on the part of the victim’s neck; and (c) the kitchen knife the other knife the other knife the other knife the other knife the other knife the other knife the other

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

2. While the Defendant was threatened by the victim as mentioned in the above paragraph (1), the victim saw to flee, or saw the instant kitchen knife, which is a dangerous thing that the victim gets in his/her hand, with the instant kitchen knife.

Accordingly, the defendant carried dangerous goods and damaged the soft set at the market price, which is the victim's possession.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Victims and similar kitchen photographs;

1. Application of Acts and subordinate statutes to photographs of victims and CCTV photographs;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, and Articles 366 of the Criminal Act, the choice of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although the crime is extremely poor due to the use of a deadly weapon for sentencing on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage to the victim is not relatively more severe, and at the investigation stage, the defendant does not want the punishment of the defendant by agreement with the victim.

In addition, the defendant is not subject to criminal punishment in Korea.

Such circumstances and public trials are recorded, including the defendant's age, character and conduct, environment, motive, means and method of crime, and circumstances after the crime.

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