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Reasons
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(영문) 서울중앙지방법원 2019.11.21 2019고단5380
특수협박
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 2, 2019, the Defendant did not join the C organization in front of Seocho-gu Seoul Metropolitan Government on the ground that it was difficult to compensate for the Defendant’s residential removal compensation lawsuit, which led to the difficulty of compensating for the Defendant’s housing removal compensation, and the Defendant kids (32 cm in total length, 20 cm in length) with the food knife (20 cm in length) which is a dangerous object that has been abandoned on the road on the road.

The Defendant discovered the victim D (the age of 70) who was known to the general public, dismissed the victim as the executive officer of the above C organization, and showed the knife to the victim. Accordingly, the knife victim was followed by the escapeer, and threatened the victim with the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the CD 1 statute

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant, while under the influence of alcohol, knife the knife, which is a dangerous object, and knife the victim after the knifeing the knife.

However, it seems that the defendant has caused the crime of this case by contingency, and it does not seem that the defendant has committed a dangerous act in addition to the behavior showing the knife.

In addition, according to CCTV images, the victim knife the knife knife knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife.

These circumstances and the defendant have no record of punishment for the last 30 years.

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