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(영문) 전주지방법원 2017.12.21 2017고단2172
특수협박
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On October 10, 2017, the Defendant: (a) on October 11:20, 2017, the victim D(46 years old) visited to repair a bus during the period when the Defendant was making a loan of the extension of the car license holder at CKata, Kata, YAB located in YAB at the Jeonsan-si, Seoul; and (b) on the ground that the victim D (46 years old) visited the bus in its surroundings, which is a dangerous thing for the reason that it was scarfing in its surroundings.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the same crime even though he was sentenced to a suspended sentence for six months as of January 19, 2017 at the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's judgment during the grace period. The defendant committed the same crime. The defendant committed the same crime in addition to the above suspended sentence's branch court's 1

However, the fact that the Defendant acknowledged the facts of the instant crime, agreed to, and did not directly display the net value, which is a dangerous object to the victim, and does not proceed to an additional crime, and there are some parts to be taken into account in the method or content of the crime, etc. are favorable to the Defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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