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(영문) 창원지방법원 통영지원 2016.11.29 2016고정560
특수협박
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant with the trade name of B and was in the relationship of the victim C (V, 50 years of age).

At around 10:15 on September 1, 2016, the Defendant, on the ground that the Victim C was said to be a fraudulent change in the E located in Jinsung-gun, Jinnam-gun, and, on the other hand, laid off the table above the victim C and F, laid off the knife two knife of the knife (34 cm in total length, 30 cm in total length) in his restaurant operated by the Defendant, and made intimidation to the above victims.

Accordingly, the defendant adopted a knife, which is a dangerous thing, and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Seizure record and list;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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