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(영문) 서울북부지방법원 2020.10.15 2020고단2937
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as a delivery center.

On May 29, 2020, at around 01:34, the Defendant purchased one blade (30cm in total length, 20cm in knife) from E located in D, on the ground that the victim C (mama and 36 years of age) who performed the same delivery in the vicinity of Seongbuk-gu Seoul Island requested the revocation of delivery, but did not cancel the request, and sent the victim a word that he would find the victim at a corner without cancelling the request.

On May 29, 2020, the Defendant, at around 01:55, 01:0, under the influence of alcohol at the office in the Seongbuk-gu Seoul Seongbuk-gu Office for Delivery of “G”, breathd the victim’s bat, read “fating down, leaving the office,” and laid the above knife on the manager of the office.

Accordingly, the defendant carried a knife, which is a dangerous object, and shown the attitude of the victim to inflict any harm on the victim's body and life.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police statement of H;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of photographed articles;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime committed by carrying a knife, which is a dangerous object for sentencing, and the defendant's responsibility is not exceptionally imposed in that he purchased and prepared for the crime also by purchasing the knife in advance. However, other knife immediately after the knife knife is put on the knife, other knife is collected immediately after the knife knife is put on the knife, the defendant has no record of punishment except for a fine imposed once in the past, and the defendant has recognized a mistake and reflects it. In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive and background of the crime and circumstances

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