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(영문) 인천지방법원 2018.07.13 2018고단3619
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

Punishment of the crime

The defendant around 08:00 on May 8, 2018, within the main point of "D" located in Nam-gu Incheon Metropolitan City C, and on the ground of considering the victim E (29 years) this himself/herself, he/she would die with the victim.

“After the construction of the trial cost, the knife, which is a dangerous object at a nearby convenience store, shall be purchased, returned to the above main point and the victim shall show the knife, and the knife shall be discarded by this knife.

“.....”

Accordingly, the defendant threatened the victim with carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on knives and photographs;

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’s crime of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shows that under the influence of alcohol, the Defendant’s crime of intimidation, which is a dangerous object, of the victim’s knife in the main place of the crime, shows the knife of the victim, and is not suitable in light of the course, method, etc. of the crime.

The Defendant appears to have purchased a knife with convenience store and used it for the instant crime, as the Defendant entered a knife in the vision of the victim’s daily behaviors, and changed the knife, and failed to obtain it. As such, the risk of the relevant crime cannot be deemed to be light.

It did not reach an agreement with the victim and received a letter from the victim.

There are no circumstances to see.

The defendant is also not in a very good condition after committing a crime, such as continuing to pose a threat to the victim, even after a police officer was called out.

The defendant has a past record of criminal punishment four times, and he/she has a criminal record of violent inclinations, and he/she also has a criminal record once.

However, the defendant makes a statement to the effect that he is aware of and against the crime in this court.

The defendant tried to threaten, and directly display knife the knife to the victim.

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