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(영문) 전주지방법원 2019.02.08 2018고단2505
특수협박
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 02:00 on June 28, 2018, the Defendant: (a) collected one lux, which is a dangerous object at the above main point, and led the victim to six times the above main points; (b) led the victim to the victim on the ground that the victim D was hyp learning and avoided contact without paying a part of the payments to the Defendant; and (c) led the victim to the victim on the ground that the victim was hyping by telephone in connection with the women and her child-friendliness, which was at the above main point, the Defendant expressed the victim’s hypology by “Is the opportunity to speak, to fry, to fry fry, and if fry fry is the same as fry, to fry fry fry,” and threatened the victim with the above beer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of recording records, photographs-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: considering the fact that the Defendant was threatened with beer who is a dangerous thing at the end of the time when the Defendant was dead, and in view of the situation at the time of intimidation or intimidation, the crime of this case is not very good, and the Defendant was sentenced to imprisonment with prison labor for a period of four years on September 6, 2012, and completed the execution of the sentence on September 4, 2016. The Defendant committed the crime of this case even if he was already tried to commit two times during the repeated crime and was sentenced to a fine during the repeated crime period, the Defendant committed the crime of this case at another time is disadvantageous to the Defendant.

The favorable circumstances: The circumstances favorable to the defendant are that the defendant repents his mistake and reflects his depth, and that the victim does not want the punishment of the defendant by mutual consent with the victim.

In addition, the records of this case, such as the defendant's age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, and circumstances after the crime.

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