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(영문) 부산지방법원 서부지원 2017.10.23 2017고단1045
특수협박등
Text

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

Where the defendant fails to pay the above fine, 50 days shall be applied.

Reasons

Criminal facts

On July 19, 2017, at around 00:47, the Defendant: (a) reported the victim D ( South, 40 years old) who, without any particular reason, sited on the bend of the Seo-gu Busan, Seo-gu, Busan, and without a particular reason while under the influence of alcohol, he/she was on the bend of the victim’s neck, which is a dangerous object located far away from the bend of the bank (breadth 12.5 cm, length 12.5 cm, length 12.5 cm, thickness 0.4 cm). The Defendant was on the top of the victim’s neck, and “A person who is found on the bend of the airway.”

In the case of a telephone, it is a end of a width.

“.....”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, cited and threatened the victim with dangerous things without any particular reason.

In light of the background of the crime or the method of the crime, the error of the defendant is somewhat minor.

subsection (b) of this section.

However, the robbery of intimidation is heavy.

In light of the fact that the Defendant could not be seen, and the Defendant appears to have made a favorable view on the spot after the crime of this case, and the Defendant did not have any record of punishment for violent crimes except for minor fine punishment for about 20 years prior to the crime of this case, considering the fact that the Defendant sought a letter from the victim and paid the amount of KRW 4 million to the victim that the damaged person does not want the punishment of the Defendant, the Defendant shall be considered as favorable circumstances. In addition, the reasons for all sentencing specified in the arguments and records of this case shall be considered and determined

Of the facts charged in the instant case, the gist of assault in the indictment was the date and time of the decision of the Defendant, and at the place of the decision, the victim's chest was pushed down, and the victim committed assault.

This is a crime that falls under Article 260 (1) of the Criminal Code, and Article 260 (3) of the Criminal Code.

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