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(영문) 수원지방법원 안양지원 2021.03.26 2020고정671
특수협박등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2, 2020, the Defendant affected the peace of the victim’s residence by hearing the sound of the victim and the above apartment E, who is a resident of the apartment, and opening the shock network installed in the front door of the above residence and opening the kitchen up until the kitchen, in a light of around 21:00.

2. Special intimidation: (a) the Defendant collected bricks (250 x 130 x 70m), which are dangerous things accumulated in front of the above shock network on the date and time, at the places specified in paragraph (1) above, on the grounds as stated in paragraph (1) above; (b) or at the time, “for the same year, old age, old age, year, year, stale, stale, stale, string, double-year death, and plundering down)”, and threatened the victims D (80 years old) and E (n, 68 years old), and threatened the victims who laid down their bricks into the new projected floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (a) of the Criminal Act concerning the selection of punishment, Article 319(1) (a) of the Criminal Act, and Article 319 of the Criminal Act concerning the selection of fines for negligence;

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. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of punishment by law: A fine not exceeding 15 million won;

2. The Defendant, who was sentenced to sentence, enters the open suspender of the victim and embling him with the brick, and the nature of the offense is bad.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the accused is against wrong, the health of the accused is not good, the financial situation of the recipient of the basic living is difficult, and other various sentencing conditions.

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