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(영문) 서울남부지방법원 2020.09.17 2020고단3632
특수협박
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 21, 2020, at around 00:19, the Defendant: (a) called “C” restaurant located in Guro-gu Seoul Metropolitan Government, “C”; (b) on the front of the victim’s D (the age of 16), the Defendant sent knife two knife (the length, 16cc, knife length) and two knife (the knife) and one 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 knif knif knif).

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes on photographers of crimes;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 59(1)(b) of the Criminal Act (the term “a suspended sentence”: a fine of KRW 3 million, a fine of KRW 100,000 per day), including the following circumstances, shall be determined by taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: It is decided as per Disposition on the grounds that there are no criminal records, the motive and circumstances may be taken into account, the victims agreed smoothly with the victims, and the fact that the mistakes are divided in depth.

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