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(영문) 서울중앙지방법원 2017.05.12 2016고정4475
특수협박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a “C” shop owner.

On October 9, 2016, around 14:25, 2016, the Defendant: (a) was living in Gwanak-gu, Seoul Special Metropolitan City D with a view to the parking problems of the victim E and vehicles residing in the same building; and (b) was living in a dispute with the victim E and the vehicle; (c) was slided and closed with the victim’s door, which is an object dangerous by entering the above victim into the knife, and (d) the entire length: 9cm; 20cm); and (c) was slided by the victim.

“In doing so, the knife knife knife knife knife knife, knife knife knife and knife knife.”

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E and F (each statement of the witness is recognized as credibility, with the same conformity of each statement of the witness);

1. Application of Acts and subordinate statutes of blades;

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

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

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

1. Although the grounds for sentencing under Article 186(1) of the Criminal Procedure Act for the charge of litigation costs are class 5 of the Defendant’s physical disability and the economic environment is not good, it is recognized that the Defendant did not reflect his/her mistake, and if he/she takes into account the circumstances for sentencing specified in the record and pleading of the instant case, it does not seem that the amount of fine specified in the instant summary order is excessive.

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