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Reasons
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(영문) 대구지방법원 포항지원 2016.12.22 2016고단1126
특수협박등
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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Around 19:30 on July 15, 2016, the Defendant called the victim D to “the problem of money” and called the victim D at a place where it is impossible to know the specific location of the Defendant, but, on the other hand, the victim’s knife that “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn's body.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. The application of Acts and subordinate statutes to report internal investigation (to attach photographs of site exit situations, site photographs, and articles of evidence);

1. Relevant laws and Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: (a) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime while under the suspension of the execution; and (b) other circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the instant crime, other than each of the following circumstances: (a) the Defendant carried the knife while carrying the knife at a newspaper, and did not wear or display the knife the knife; (b) agreed with the victim; and (c) contrary to the understanding of the crime, the Defendant’s age, character and behavior, environment, and conditions before and after the instant crime.

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