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(영문) 광주지방법원 2013.11.26 2013고단4710
특수협박
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 11:00 on April 28, 2013, the Defendant: (a) sought to the victim C (53 years of age)’s home in which the Defendant was living in Gangnam-gun B, Gangnam-gu; (b) sought a claim from the vegetable victim that he disposed of the sprinkle, and sought about 40cm in length, which is an object dangerous to the vegetable (40cm in length); and (c) made a breaous attack against the victim, thereby threateninging the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

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

1. In light of the fact that the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act of the Trade Union and Labor Relations Inducement Act had been maintained and threatened by the victim, which is a dangerous object, and that the agreement with the victim has not yet reached up to now, a strict punishment shall be imposed against the defendant. However, in light of the fact that the defendant has been subject to punishment once a fine is imposed, once a suspended sentence, once a sentence has been imposed, but the defendant has no record of being punished for the same kind of crime, and that there was no intention to inflict an injury on the victim, and that there was no significant result of the defendant's act, such as the defendant's motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, etc., the defendant shall be sentenced to a fine equivalent to the same amount as the order of the defendant.

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