logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.11.10 2020고정1359
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B(the age of 62) are residents living in the same Ba.

On July 7, 2020, around 08:40 on the fourth floor of multi-household housing located in Daegu-gu, Daegu-gu, the Defendant was aware that the victim had a cash of 50,000 won stored in his/her residence, and was in the public book of housing manager qualification on the rooftop, “the victim who was in the public book of housing manager qualification” was called as “in the public book of inheritance and calculation of local taxes,” while making excessive (proof No. 1) which is a dangerous object brought from the kitchen of his/her residence, on his/her hand, and made a threat to the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of seized articles);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s acknowledgement of the instant crime and reflects the Defendant’s consent, the Defendant’s consent was smoothly made with the victim, the Defendant’s health is not good for the disabled with the aged, and the Defendant has no record of criminal punishment for more than 30 years since 1985, the amount of the fine determined by the summary order is deemed to be excessive, and thus, the amount of the fine should be reduced as indicated in the order.

arrow