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(영문) 부산지방법원 2017.01.19 2016고단4486
특수협박
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 17:40 on December 17, 2015, the Defendant issued an order to the E-cafeteria operated by the victim D in Busan Jung-gu, Busan, for drinking in front of the restaurant, and took a bath, such as "Seak-gu, the elderly, the elderly, the elderly, the elderly, the elderly, the elderly, and the elderly", without any special reason, during the drinking in front of the restaurant, and called the victim and the victim at the time of trial, and then the victim and the victim were tried to go to the restaurant.

Therefore, as the defendant demanded the credit of the victim but the victim was rejected, "Sewn kn't kn't kn't kn't kn't kn's kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn'

Accordingly, the defendant carried a knife, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and the selection of fines for the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the contents and nature of the crime in this case are inferior; (b) the accused has many criminal records of violence; (c) the Defendant committed the crime in this case within a repeated crime period in particular; (d) the Defendant appears to have committed the crime in this case contingent; (b) the Defendant seems to have committed the crime in depth; (c) the victim expressed at an investigative agency that he does not want to be punished by the Defendant (in the event of the court sentencing investigation, the court expressed his intention to want to be paid medical expenses); and (d) other punishment as ordered in consideration of the Defendant’s age, sexual behavior

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