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(영문) 광주지방법원 2016.09.08 2016고단2663
특수협박
Text

The defendant shall be punished by a fine of KRW 5,000,000 (one million), but if the above fine is not paid, KRW 100,000 (one day) shall be the day.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant is a person who was sentenced to imprisonment with prison labor for a period of two years and six months at the Gwangju District Court for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and this judgment becomes final and conclusive on November 22, 2014, and has many violent criminal records.

On June 23, 2016, at around 22:20, the Defendant stated that “A victim C (n, 55 years old), who was in the Masung-gun B, requested the victim to drink, but on the ground that the victim refused the request, the Defendant would have acted as if he had been frighting to the victim by gathering beer and beer, which was on the table table, and the victim “I will do so as to do so every time. I will do so.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Statement of the police C;

1. C, E, on-site photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse is recognized by the defendant, and his depth is divided.

This case has threatened the other party to be a beer disease, which is a dangerous object, and its risk is not small, but it does not reach physical assault, and the victim does not want to be punished against the defendant by smoothly agreement with the victim.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances regarding sentencing.

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