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(영문) 서울동부지방법원 2016.11.29 2016고정1738
특수협박
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 23, 2016, around 20:55, the Defendant: (a) requested the victim C (the 35-year-old), who was delivered to the victim prior to the entrance of Songpa-gu Seoul and 101, to pay the price; (b) provided that “The credit card settlement machine is to pay the price directly on the face of the city; (c) requested the victim to return the recipient; (d) the victim did not demand the payment, and (e) took a knife (the total length of 29.5cm, the knife length of the knife is 18cc) on the side of the entrance; and (e) led the victim to threaten the victim with dangerous things, stating that “The Defendant wishes to kill, cut, kill, or die.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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 for sentencing order under Article 334(1) has been suffering from mental illness such as coercion and depression for a long time. At the time of the instant case, the victim seems to have been subjected to excessive response due to the above disease, and the fact that the confession of the crime is against the victim, etc. shall be determined in consideration of various circumstances.

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