(영문) 서울남부지방법원 2020.09.16 2020고단2321

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(영문) 서울남부지방법원 2020.09.16 2020고단2321

특수협박

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and is not aware of the victim B (the age of 21).

At around 19:30 on April 17, 2020, the Defendant: (a) thought that the victim walking along the road before and before Gangseo-gu Seoul Metropolitan Government was her her friend with his her her friend and her friend, and that she was her friend, her friend and her friend with her her friend, and that she was her friend, her friend, her friend, and her friend, her friend, which was a dangerous object prior to the Defendant’s friend, was her friend, and her friend, her friend, with the Defendant’s friend, had her friend and her friended with her her friend, thereby threatening the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A capse photograph of CCTV at the scene of the occurrence;

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act is that the crime of this case by the defendant is not sufficient to be committed in the form of a threat to the victim who has no awareness of face-to-face knife with ordinary knife.

However, the fact that the Defendant both recognized the instant crime and reflects on the fact that the victim agreed with the victim, and that the Defendant was suffering from ordinary pain on the day of the instant case, etc., was a way to return to the mind and council member, and that such mental disease of the Defendant seems to have affected the instant crime, and that it is other circumstances such as the Defendant’s age, character and conduct, motive, means, and consequence of the instant crime, etc.

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