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(영문) 울산지방법원 2018.12.21 2018고단2536
특수협박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On August 26, 2018, at around 03:00, the Defendant: (a) discovered a dispute with the victim E (42 3) who is another customer due to the drinking value; (b) took a bath to “Is the death and death of the flag of the flag; (c) caused the beer’s disease on the flag; and (d) took an action that I would like to cause harm to the life and body of the victim, by taking the bath to “Is the flag of the flag of the flag; and (c) broken the beer’s disease on the flag of the flag; and (d) took an action that Is the flag’s disease towards the victim; and (e) took a flag’s life and body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of a shoulderer, beer, and photograph of victims;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the act of intimidationing the victim in favor of the victim by destroying the beer's disease for the reason of sentencing is very important in that the act of threatening the victim as well as the act of threatening the victim is not only dangerous, but also the act of threatening the victim before the dispatched police officer is viewed. However, considering the fact that the defendant agreed with the victim smoothly, it is against the victim's mistake, it is only the defendant's three punishment records related to traffic, and there is no force of violence, etc.

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