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(영문) 인천지방법원 2017.09.07 2017고단4720
특수협박
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 18, 2017, around 10:25, the Defendant: (a) entered the victim E (58 years old) with a deadly weapon (33cm in total length, 21cm in length) which was prepared in the DPC room located in Seo-gu Incheon, Seo-gu, Incheon, and was divingd in the inner room without any reasonable reason, and (b) thrown away from the body of the victim E (58 years old) with “the flap, flap to death of the flash.”

I amba amba yeast

".." The victim threatened the victim, such as putting the knife with a knife, and threatened him.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records and list of seizure;

1. On-site investigation report (on-site investigation and attachment of ctV images, and photographic images of witnesses);

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

1. The Defendant’s act of sentencing the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is serious threat to the safety of the victim’s body, and the punishment is not lower.

During the defendant's crime, the victim was suffering from the wound of his hand.

Furthermore, the defendant has the same criminal records and is still under the suspension of execution.However, the defendant is against the defendant, the victim's standing is minor, and the victim does not want the punishment against the defendant by agreement with the victim.

In light of the above circumstances, it is deemed harsh to impose a sentence on the Defendant solely on the sole basis of the foregoing circumstances. Thus, once so, the court decides to place the Defendant on the part of the Defendant and determine the same sentence as the order.

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