(영문) 서울중앙지방법원 2018.05.31 2018고정1

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) 서울중앙지방법원 2018.05.31 2018고정1

특수협박

Text

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

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

Reasons

Punishment of the crime

On October 28, 2017, around 22:46, the Defendant, in front of the entrance of the second floor victim C (V, 40 years of age) of the building B in Gwanak-gu in Seoul Special Metropolitan City, made a threat by taking a detailed attitude that the Defendant seems to have been able to take on the part of the victim (34cm in length, 19cm in length) that is a dangerous thing in front of the victim’s hand (19cm in length).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The record of seizure (the defendant and his defense counsel argued that there was no fact or intimidation that he had been in possession of a fluority, so the defendant was sentenced to a fine by assaulting the victim prior to the occurrence of the case, the defendant and the victim were not in contact with the victim prior to the occurrence of the case, the defendant and the victim were in contact with the victim's gate while b2:46 around 22:46 around 22:46 around 22:3; the defendant opened the victim's gate and opened the door, and brought the victim's gate with the victim's gate, and the defendant also made it difficult to sleep due to the police investigation, making it difficult to do so, making it difficult to do so, making it difficult to do so, making it a large amount of fluority, and brut with the victim's knob, and knobly, making it a knife.

In light of the facts stated, the Defendant had a net value, which is a dangerous object under the intent to use at the scene of the crime, and had a notice of harm sufficient to cause fear to the victim.

It is reasonable to see that this part of the defendant and his defense counsel is without merit.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and the selection of fines for the crime;

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

1. Confiscation Article 48 of the Criminal Act.

참조조문

유사 판례

-서울북부지방법원 2018.05.11 2017고단5560

-의정부지방법원 고양지원 2018.07.26 2018고단878

-광주지방법원 목포지원 2017.02.10 2016고단1669

-부산지방법원 2018.10.12 2018고정303

-의정부지방법원 2018.11.30 2018고단3514