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(영문) 창원지방법원 2017.11.24 2017고단3118
특수협박
Text

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

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

Reasons

Criminal facts

around 00:40 on August 24, 2017, the Defendant demanded the Defendant to pay the amount of money that the Defendant provided to the victim D (the 48-year-old age), who is the victim D (the 48-year-old age), with the payment of the money that the Defendant provided to the victim. However, the Defendant demanded the victim to pay on the ground that the victim tolds that “the victim would have paid the money later.” However, the Defendant made the victim’s statement that “the victim would have paid the money later.” However, the Defendant saws as follows: (a) one knife (the total length of 20cm, the knife’s length of 10cm) and one knife (the knife’s length of 32cm and the knife’s length of 20cm) which is a dangerous thing in the victim’

“In doing so, the victim was threatened by considering the same attitude that would harm the body or life of the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. The first statement made to D with regard to the police;

1. Application of excessive, kitchen and photographic Acts and subordinate statutes;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which include the following: (a) the Defendant’s mistake was pened in depth and reflected; (b) the Defendant agreed with the victim, which has no record of crime other than the Defendant’s one time in 2000; and (c) other conditions of sentencing as indicated in the records and arguments, such as the motive, means and consequence of the instant crime; (d) the circumstances after the crime; (e) the Defendant’s age, sexual behavior; and (e) the Defendant’s sexual behavior; and (e) other conditions of sentencing as indicated in the arguments, such as records and arguments.

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