(영문) 수원지방법원 2018.05.24 2018고정640

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.05.24 2018고정640

특수협박

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 18, 2017, the Defendant, at around 21:35, 2017, had a dispute with 'C cafeteria B' operated by the Defendant, which is a related person D (n, 41 years of age) and the victim E (n, 29 years of age) of D, which is a dangerous object, with the outside and dangerous object (25cm in total length, 14cm in length, 14cm in length). The Defendant, at around 21:35, the Defendant used the kitchen (n, 33cm in total, 21cm in total, and 21cm in the kitchen, which is dangerous for the Defendant to enter the kitchen, and killed the kitchen and killed the said kn't by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A criminal investigation report (verification of criminal implements), and a criminal investigation report (to be attached toCCTV images);

1. Application of Acts and subordinate statutes, such as site and photograph of crime tools;

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. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act was committed by threatening the victim by taking the family and the kitchen knife, which is a dangerous article that may cause serious harm to the life and body of others.

In light of the defendant's behavior attitude revealed in the record and the situation before and after the crime, even considering the defendant's assertion about the circumstances of the crime, it is judged that the crime is considerably poor and that a strict punishment is needed to prevent the defendant from repeating the crime.

However, the fact that the victim does not want the punishment of the defendant from the early stage of the investigation, or is a contingent crime, and the motive, etc. of the crime shall be considered as favorable to the defendant.

In addition, the punishment shall be determined as ordered in consideration of the age, sex, environment, and other various sentencing conditions of the defendant.

참조조문

유사 판례

-전주지방법원 2018.02.02 2017고단2336

-수원지방법원 2018.01.23 2017고단7361

-전주지방법원 남원지원 2016.03.02 2015고단288

-수원지방법원 2018.06.15 2018고단2323

-수원지방법원 2017.11.30 2017고정2405