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Reasons
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(영문) 의정부지방법원 2017.10.18 2017고단3542
특수협박
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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

On July 19, 2017, the Defendant discovered the Victim E (52) in front of the D cafeteria located in the Defendant’s dwelling area, and had a knife, which is a dangerous object in the dwelling area, and threatened the Defendant with a knife, “the resident registration certificate and welfare card that would be brought at a low time, as in the internal calculation of tax base,” and threatened the Defendant with a knife to the part of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Application of each Act or subordinate statute of the reporting of internal investigation (special intimidation), the details of recognition and detection, the statement of a suspected suspect, etc.;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

On October 23, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special assault, etc. by the District Court of the Republic of Korea on February 16, 2017, and committed the instant crime within the repeated offense period even after the execution of the sentence was completed.

However, considering the fact that the defendant led to the confession of the crime and the fact that the injured party does not want the punishment of the defendant by agreement with the victim, the amount of the fine was determined by considering the fact that the defendant is not a matter to be sentenced to imprisonment with prison labor, and thus the defendant is subject to a fine to be sentenced. The amount of the fine is determined by considering the fact that the defendant is a disabled person and the amount of the fine is more burden than

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