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(영문) 전주지방법원 2020.05.21 2019고단1183
특수협박등
Text

The punishment of a defendant shall be ten months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 15, 2019, at around 22:28, the Defendant: (a) brought a dispute over the issue of the payment of food materials and D (Nam, 27 years of age) and B in the Jeonjin-gu Seoul Special Metropolitan City, which the Defendant operated by the Defendant; (b) knife the knife (20cc in the knife length) and knife (20cc in the cafeteria; and (c) knife the knife knife knife knife knife knifs the knife knife

The Defendant threatened the victim D with two knife, which is a dangerous thing.

2. At around 22:38 on the same day, the Defendant: (a) caused a special damage to a epoter truck, which was parked in front of a restaurant, with the gate (a 8 cm, length 11 cm) that was driven by D while the Defendant driving away from D; and (b) attached approximately KRW 164,560 to the repair cost.

The defendant, who is a dangerous object, damaged the victim D's property with a brick.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate;

1. Application of statutes on field photographs;

1. Articles 284, 283 (1), 369 (1), and 366 of the Criminal Act, which provide for the legal provisions concerning the facts constituting an offense;

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

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

It seems that the risk of this case is high as a whole, such as threatening the defendant with serious criminal records with heavy knife.

Because of the fact that he had expressed his desire to oppose the defendant, the circumstance that the defendant seems to be the day when he was unable to transfer his portion in the moment and the situation that he has compensated for part of the damage amount and the previous amount of the vehicle.

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