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(영문) 대전지방법원 홍성지원 2016.08.23 2016고단373
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who works as an employee on the “C main point” located on the first basement B of Chungcheongnam-gun Hongsung-gun.

On January 31, 2016, at around 07:30, the Defendant: (a) brought a dispute with the victim on the ground that the victimized person, while drinking alcohol together with D and female job-friendly victim E (the age of 34) in a string room of the above “C main shop” on January 31, 2016, got the victim to have a fint with the victim, and caused the victim to have a fint with D, and fint it over the floor; and (b) prevented the victim from getting the victim’s fint with D.

D's face was taken to threaten the victim after drinking, and the knife (the total length of 36 cm) was carried out, which is a dangerous article by the singing club.

The Defendant: (a) When the injured party was able to correct the flight door in the atmosphere of the above club; and (b) the Defendant knife the air knife, knife the air knife, knife the air knife, and hume the victim’s bath.

Abio Bai Maba

The victim, such as “,” was crypted by the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (as to the list of 112 reported cases, investigation into CCTV images) and internal investigation report (as to on-site CCTV images);

1. Application of statutes on site 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The fact that the criminal reasons for sentencing under Article 334(1) of the Criminal Procedure Act are poor is unfavorable to the defendant.

However, the fact that the defendant led to confession and reflect, and the victim did not see the defendant's knife the knife in the singing room, and the occurrence of damage caused by the crime of this case is relatively minor.

b) appears;

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