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(영문) 의정부지방법원 2017.05.25 2016고합456
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

On March 19, 2016, at around 18:50 on March 19, 2016, the Defendant threatened the Defendant with a saw-to-saw (the total length of 62 cm, 30 cm on the saw-to-day length of 10 cm) that is a dangerous object in the household of the Defendant’s dwelling at Pyeong-gun C, on the ground that the customers of the above Ba-to-day shop have a large amount of sound each time when the toilets open the toilet door, and then threatened the Defendant by stating that the Defendant “a saw-to-face (the total length of 62 cm, the saw-day length of 30 cm”).”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Criminal report and each investigation report;

1. Application of Acts and subordinate statutes to field photographs and saw photographs of dangerous objects;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is that the Defendant has sawed a saw, which is a dangerous object, and threatened the victim, and the nature of the crime is bad in light of the circumstances of the crime, and that the Defendant has been punished several times due to the same kind of crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant seems to have committed the crime of this case contingently, that the defendant reflects his mistake, and that the defendant agreed with the victim is favorable to the defendant.

In addition, in consideration of all the sentencing factors indicated in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

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