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(영문) 의정부지방법원 2019.01.09 2018고정1316
특수협박등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around May 26, 2018, the Defendant: (a) threatened the victim D (the age of 58) who was living together with the Government-si building B and the residential area located under subparagraph C with the victim D (the age of 58) who was currently living there, together with E, who was a woman’s birth; and (b) threatened the victim with excessive (Evidence No. 1) who is dangerous to comply with the change in the password of the front door door.

2. At the time and place set forth in the above paragraph 1 above, the injured Defendant committed the following acts: (a) the victim D, the victim E (the 55-year old age), and the victim E (the 55-year old-old-old-old-old-age), the victim’s son and the knife E by entering the knife; (b) the victim’s knife the knife the knife of the d’s head by cutting the knife to D’s head and knife D’s face by cutting the knife to D; and (c) the victim’s knife the knife the knife of head

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. A written confirmation and a written diagnosis for entering or leaving a victim D, and a written diagnosis for injury E;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act that stipulate the applicable criminal facts, Articles 283 (1) of the Criminal Act that choose the penalty, Article 257 (1) of the Criminal Act, and the choice of each fine;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334(1) of the Criminal Procedure Act provides that there is no criminal record against the defendant for the reason of sentencing of the provisional payment order, and the defendant shows an attitude to reflect the crime, but it is not good that the crime is committed by threatening the victim and inflicting bodily injury on the defendant, which is a dangerous object.

Considering the substance of the instant crime and the circumstances at the time, etc., the penalty shall be determined as per Disposition on the ground that the amount of fine under the summary order cannot be deemed excessive.

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