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(영문) 울산지방법원 2020.04.14 2019고단4855
특수협박
Text

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

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

Reasons

Punishment of the crime

On September 16, 2019, at around 22:16, the Defendant: (a) at the “D” restaurant operated by the Victim C (A) in Ulsan-gun, Ulsan-gun, Ulsan-gun; (b) at around 47 years of age, the Defendant asked the victim known to leave his own bicycle; (c) was rejected; (d) the Defendant was released from the Defendant’s head due to the Defendant’s illness in the air conditioners; and (d) the Defendant released the Defendant’s head due to the disease in the air conditioners in the air conditioners; and (e) threatened the victim by carrying a dangerous object, stating that the Defendant was the victim who caused the defriser’s disease, which is a dangerous object, “I wish to serve in the future.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are disadvantageous to the defendant who has been subject to criminal punishment several times due to violent crimes, the fact that the defendant recognized his/her mistake and reflects the defendant, the fact that the defendant agreed with the victim, and the fact that the defendant appears to be a contingent crime shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances revealed in the records, such as the defendant'

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