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(영문) 대전지방법원 2018.06.28 2018고단878
특수협박등
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

1. On January 7, 2018, at around 07:00, the Defendant: (a) requested the victim D (23 tax) residing on the same floor of the 3rd floor of the 3rd floor of the Seosung-gu, Daejeon-gu, Daejeon-gu, D, under the influence of alcohol in the corridor; and (b) caused the damage of property to be made effective by destroying the property by putting the victim’s fluor on the market price of the fluorous fluoring.

2. At the time and place specified in paragraph 1, the Defendant: (a) sounded the kitchen knife (31cm in total length, 19cm in knife, 12cm in total) with the kitchen knife (12cm in knife in knife and the knife in knife the knife and knife the knife in knife; and (b) sounded knife with the knife in knife and knife the knife in knife.

As a result, the defendant carried dangerous objects and threatened the victim.

3. In the time, at the place specified in paragraph 1, the injured Defendant laid down the victim’s spath spats and spats to the left-hand spats and spats that need to be treated for approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of D's written statements, relevant photographs, and written diagnosis of injury;

1. Relevant legal provisions and the choice of punishment for the crime - Articles 284, 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 366 of the Criminal Act - Selection of each fine (the nature of the special intimidation in this case, in which the victim is threatened by carrying a kitchen knife) - Selection of each fine (the nature of the special intimidation in this case, in which the victim is threatened, is deemed bad;

However, the defendant is a first offender with no criminal punishment imposed upon a university student. The defendant appears to have experienced the so-called guest tag against the victim with his body, and the degree of damage caused by the defendant's damage to property and the crime of injury is not a serious letter, etc.

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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