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(영문) 서울중앙지방법원 2019.06.13 2019고단1976
특수협박
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 40) are bus officers with occupation.

On December 19, 2018, around 14:55, at the bus stops located on the street in Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (a) was a temporary stop of another bus with the victim operating another bus; (b) was threatening the victim as if he would shock the victim immediately ahead of the bus three times repeatedly, following the rapid stop of the D bus, which is an object dangerous to the Defendant driving.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the Acts and subordinate statutes governing the photographs of black booms;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is the means used to commit the crime, the form of the crime, the external appearance of the victim, the existence and content of the records of the same or similar crime, the confession and mistake of the crime, and the age, character and conduct, the environment of the defendant, the circumstances of the crime, and the circumstances of the crime after the crime, etc. are considered in consideration of all the sentencing conditions shown in the arguments of this case.

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