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(영문) 대전지방법원 2019.09.04 2019고정619
특수협박
Text

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

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

Reasons

Punishment of the crime

On March 4, 2019, around 00:45, the Defendant: (a) at the D convenience point where the victim C (the age of 31) was working in Seosung-gu Daejeon (the age of 00:45) and, at the D convenience point, the victim refused it; (b) the victim refused it; and (c) the brick (the length of 39cm, the height of 19cm, the thickness of 10cm) which is a dangerous object from the convenience point; and (d) the victim made a kack on the seat of the convenience store, and threatened the victim “spacks, spacks, and eyes”.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing video backups;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant's assertion regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act asserts that no act as stated in the facts charged exists. However, the defendant's assertion is rejected in light of the fact that the victim made a very specific and detailed statement about the situation at the time in this court, and there is no reason to gather the defendant.

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