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(영문) 창원지방법원 통영지원 2016.06.20 2016고정209
특수협박등
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

Criminal facts

On February 20, 2016, the Defendant was recommended from the injured party to return home to the restaurant under the influence of alcohol at the D restaurant operated by the injured party C (Y, 57 years of age) located in Gyeongnam-gun B around 09:45 on February 20, 2016, and he was urged from the injured party to return home to the restaurant under the influence of alcohol, but he was “hickly and well,” and the victim’s day was received from the deceased party. Whether the Defendant was aware of this.

In today's Republic of Korea, it is crypted.

(b) A holder;

신고할 테면 해봐 라’ 고 말하면서 테이블을 엎고 의자를 집어 던지며 양 주먹으로 테이블을 내리쳐 시가 38만 원 상당의 테이블, 의자, 수저 통, 양념 통을 파손하고, 위험한 물건인 철제 커피 숟가락( 총 길이 17cm, 손잡이 14cm) 을 거꾸로 잡아들어 뾰족 한 밑 부분을 피해 자의 왼쪽 얼굴 부위를 향해 4회 찌를 듯이 겨누며 위협하였다.

Accordingly, the defendant damaged the victim's property and threatened the victim with a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to reports on internal investigation and investigation reports (a photograph and written agreement);

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1), and 366 of the Criminal Act concerning the crime, the choice of fines, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In full view of the risk of the instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s history and content of punishment for the same kind of crime, the part agreed with the victim in this case was sufficiently reflected in the amount of fine of the summary order.

there are circumstances for further reduction.

It is difficult to see the amount of fine for the summary order.

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