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(영문) 대구지방법원 포항지원 2016.12.14 2016고단1207
특수협박
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 18:40 on August 27, 2016, Defendant A: (a) made conversations with the victim B in relation to the wages in arrears in the south-gu, Nam-gu; (b) made a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.

2. On August 27, 2016, at around 18:45, Defendant B suffered a threat as described in paragraph (1), from the victim A, on the front side of “Gran”, such as the statement in paragraph (1), and the victim’s face, chest, and leg, against which the victim suffered a bodily injury, such as spawn, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Seizure records;

1. Photographs photographs of damaged parts, and photographs of criminal tools;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 284 and 283(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act (Selection of Fine)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendant B: The sentencing of Article 334(1) of the Criminal Procedure Act is based on a comprehensive consideration of the following conditions: the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Defendant A: The crime tools or methods are dangerous and threatened twice. - Defendant A is subject to intimidation.

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