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(영문) 서울동부지방법원 2020.08.13 2020고단819
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

At around 14:53 on March 14, 2020, the Defendant, under the influence of alcohol, was urged to return home from the victim D (n, 23 years of age) and singing employee E under the influence of alcohol, and took the food knife (16 cm length, 28 cm in total length) that is a dangerous object in the hallway of the corridor, and threatened the victim with the physical injury of the victim.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Records of seizure and the list of seizure;

1. The photograph of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is committed in consideration of the following factors: The defendant recognized his knife and reflects his knife as to his mistake; the defendant agreed smoothly with the victim; the defendant's age, character and conduct, motive, means and consequence of the crime; and the conditions for sentencing indicated in the arguments, including the circumstances after the crime

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