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(영문) 인천지방법원 2020.06.11 2020고단1592
특수협박
Text

[Defendant A] The defendant A shall be punished by a fine of KRW 5,000,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

1. On February 10, 2020, Defendant A around 23:15, at the “D” restaurant located in Michuhol-gu Incheon Metropolitan City, Defendant A, who received a claim from the victim B (the age of 53) while smoking tobacco in the inside of the city, had a shoulderer who is a dangerous object, and threatened the victim’s body with a shocker’s flab, as the victim’s flab, as the victim’s flab was flad.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Defendant B was threatened by the victim A (the age of 43) at the above date, time, place, and the victim’s scrowd with the victim’s scrowd with the victim’s scrowd with the victim’s scrowd with the victim’s scrowd with the victim, and

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Among each police interrogation protocol against the Defendants, the part concerning the victim's statement

1. 112 reported case handling table;

1. Reports on internal investigation and investigation reports;

1. Application of statutes on site photographs;

1. Article 284 and Article 283(1) of the Criminal Act; Articles 284 and 283(1) of the Criminal Act; Articles 258-2(1) and 257(1) of the Criminal Act;

1. Discretionary mitigation [Defendant B] Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant B) Article 62(1) of the Criminal Act (The following consideration shall be made again for the reasons for sentencing);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. The scope of punishment by law;

(a) Defendant A: Fines not exceeding 10 million won;

(b) Defendant B: Imprisonment with prison labor for six months to five years;

2. Scope of recommended sentences according to the sentencing criteria;

A. The sentencing criteria do not apply to Defendant A’s selection of a fine

B. Defendant B [Determination of Punishment] A. Bodily Injury (Type 1] A. Special Bodily Injury (Special Contributors) mitigated element:

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