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(영문) 서울중앙지방법원 2019.08.21 2019고단2416
특수협박
Text

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

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

Reasons

Punishment of the crime

On January 15, 2019, the Defendant demanded to repay C at the coffee shop near Jongno-gu Seoul, Jongno-gu, Seoul to collect money from the victim E (70 years of age) who operates D, even though he/she demanded that he/she be paid money from the coffee shop, and eventually, he/she did not receive money from C due to the victim.

Accordingly, the Defendant purchased approximately 2 liter (al. 4,00 won) of gasoline transit around the above coffee shop at around 13:28 of the same day, and entered the above D office located in Jongno-gu Seoul, Jongno-gu, Seoul, in order to hold a lid of gasoline in advance and to make gasoline into head and to see why he would not give money to C,” and “I will die”, “I will die. I will die.” and “I will die. I will die.” and “I will die. I will die. I will die.” and the Defendant threatened the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A criminal investigation report (Attachment of a CCTV photograph);

1. Application of the oil law to gasoline-containing oil, and the age limit in possession of a suspect; and

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence identical to the disposition shall be imposed, taking into account all the circumstances constituting the sentencing conditions indicated in the instant records, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: A criminal act of this case has been committed during the period of repeated crime, the risk of such act is very high, and the same criminal power of the same kind is more favorable: A criminal act is recognized.

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