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(영문) 의정부지방법원 2016.06.02 2016고단1578
특수협박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 2, 2016, the Defendant threatened the victim D (60 years old, 57 years old) and E (5 years old, 57 years old, fested from the Defendant’s residence of the 19:00 Gyeonggi-gun C lending 2nd floor to a high-rise noise, and threatened the Defendant with the Defendant’s noise, “I will die, I will die, I will die, and I will die.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each E, D, and F statement;

1. A report on investigation;

1. Diversary photographs used by the victim;

1. Application of Acts and subordinate statutes to the place of intimidation;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The circumstances that are disadvantageous to the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The method of punishment is not good, and the defendant has four previous offenses: The defendant led to confession and reflects against the crime of this case; the victims agreed with the victims; the victims did not want the punishment; the victims committed the crime of this case in a contingent manner during the occurrence of a fire due to noise between the upper floor and the upper floor from the upper floor; and the defendant committed the crime of this case by taking into account all the sentencing conditions such as the defendant's age, sex, environment, motive and background of the crime, result, and circumstances after the crime.

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