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(영문) 서울서부지방법원 2020.10.28 2019고정497
특수협박
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 18:30 on July 1, 2018, the Defendant: (a) threatened the victim with a dangerous object (30cm in total length, 20cm in length, 20cm in knife and 20cm in knife) that had been in dispute with the victim D (nick, 26 years of age), while having been in dispute with the victim, and threatened the victim by carrying a dangerous object (30cm in total length, 20cm in knife and knife).

Summary of Evidence

1. Part of the defendant's legal statement (the part concerning the statement that blades are written while the defendant was living in the court at the time of the case);

1. Each legal statement of witness E and D;

1. Application of Acts and subordinate statutes concerning seizure protocol of the police statement to D;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. Although the defendant's knife knife knife was written at the time of the case, it was immediately set up and there was no other words such as the statement of facts constituting the crime.

B. At the time of committing the instant crime, the Defendant was suffering from the injury and disease, thereby, was in a state of mental suffering.

2. Determination

A. In order to establish a crime of intimidation with respect to special intimidation, the pertinent legal doctrine should be established in full view of various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, background leading to such act, and mutual relation between the offender and the other party, etc., and thus, it should be sufficient to cause fear to ordinary people. However, it does not require that the other party may feel feel realistically, and as long as the other party perceived its meaning by notifying the harm and danger to such an extent, the other party realistically promulgated the harm.

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