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(영문) 광주지방법원 2017.10.26 2017고단2933
특수협박
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Criminal facts

On June 9, 2017, the Defendant: (a) purchased food knife (18.5cm in total length, 31.5cm) that is a dangerous and dangerous thing to provide a mixed food knife to the injured party E, even though the Defendant demanded to return food 60,000 won to the injured party E at D Hospital located in Shyang-gun C, Namyang-gun, Namyang-gun on June 9, 2017; (b) purchased the food knife (18.5cm in length, in total, 31.5cm in length, 18.5cm in knife); and (c) found the injured party to the hospital.

As a result, intimidation was made as if it would inflict any harm on the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The defendant's act of holding a knife and is not less and less liable for the defendant's act of avoiding disturbance, but - the defendant's act of causing a contingent crime does not want the punishment of the defendant - the defendant's mistake is divided - the family relation, health condition, etc. of the defendant is taken into account.

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