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(영문) 춘천지방법원 2017.12.21 2017고단533
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 18, 2017, the Defendant: “E” at the main point of “E” operated by A in Ansan-si, A, the Defendant, while drinking alcohol on April 18, 2017, is in the relationship between D and Apson outside the width.

When a person makes a false statement, the death shall be discarded.

“The victim F(45) and G(42) as a customer who had expressed his desire to be “,” have the Defendant as a dangerous object (25 cm in total length) and the victims, with the Defendant as a horse urier, and with the Defendant as a dangerous object (25 cm in length), and the Defendant as the victim. “Death and discarded.”

“Intimidating”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness H, F and G;

1. Application of statutes of one Chapter 1 to Chapter 1 to records of seizure and the list of seizure, photographs and CCTV files;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. In light of the fact that the Defendant had been punished several times for violent crimes, and in particular, on May 19, 2016, at the Suwon District Court’s Pyeongtaek District Court rendered a sentence of suspension of execution two years for a period of eight months due to a special injury to the criminal fact that he/she used and inflicted bodily injury on the Defendant, which was similar to the instant case, and the judgment became final and conclusive on May 27, 2016 and became final and conclusive on May 27, 2016, the Defendant committed the instant crime without having been sentenced to suspension of execution, and the crime of intimidation and intimidation, which is a dangerous object, is deemed to be disadvantageous to the nature of the crime.

However, considering the favorable circumstances, such as the fact that the defendant did not actively display the prestige to the victims, and immediately controlled the victims, the fact that the victim F and G agreed to pay KRW 500,000 to the victims, and the fact that they agreed to pay KRW 500,000 to the victims, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant’s character and conduct, health, environment, and circumstances before and after the crime.

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