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(영문) 대구지방법원 2018.08.22 2018고단1682
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 25, 2018, the Defendant decided to take directors upon the request of the head of the room room to remove the waste from his/her family because he/she lives far from his/her family and left the house. However, around 1:15 on the same day, the Defendant thought that at around 11:15 of the same day, the Defendant attempted to bring his/her body to the victim without permission in order for the victim to assist the director, the wife (the 63 years old), his/her son (the 34 years old), his/her son (the 31 year old), which is a dangerous object in that place (the 3.5cm in length, the 21cm in length, the 33.5cm in length, the 21cc in length, and the 19cm in length, all of which are 2 blades (the 30.5cm in total, the 35cm in total, the 19cm in length, etc.).

Accordingly, the defendant carried a dangerous knife, and threatened victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Witnesses C and E each testimony;

1. Each police statement made with respect to C and D;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning blades photographs;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition by the assent of all participating Justices, in view of the following: (a) the Defendant’s reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act does not fit the nature of the instant crime committed by intimidation to his family members; (b) the Defendant threatens victims at a street; (c) the Defendant’s usual lives with the victims; (d) the Defendant appears to require continuous medical treatment rather than punishment through confinement; and (e) the Defendant has no record of punishment after 2005.

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