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(영문) 의정부지방법원 고양지원 2018.07.06 2018고정482
특수협박
Text

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

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

Reasons

Punishment of the crime

At around 11:30 on December 6, 2017, the Defendant, at the “D” motor vehicle maintenance shop operated by the victim C (SP) (SP) (SP), he sawd with the victim as to the car repair cost that he left to repair, while making a dispute with the victim with respect to the car repair cost that he gets repaired, he saw saw saw-saw (30 cm in total length, 5 cm in length on a saw-to-day) as a dangerous object that had been placed in the stand for the storage of the tools, and threatened the victim by putting the victim into hand, stating that he saw him as “to die and die.”

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of saw photographs and field photographs (CCTV)-related Acts and subordinate statutes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant's wrong recognition and there is no record of punishment for the same kind of crime. However, in light of the means and methods of the instant crime, the nature of the crime is not very good, and it did not reach an agreement with the victim.

The sentence is determined as ordered by taking into account all factors of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime.

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