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(영문) 서울남부지방법원 2019.01.21 2018고단4270
특수협박
Text

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

Punishment of the crime

On August 17, 2018, at least 01:10, the Defendant: (a) boarded the victim D (year 67) on the front of the C Elementary School located in Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “C Elementary School”) near the C Elementary School located in Gangseo-gu, Seoul; and (b) set up a taxi at the front of the Guro-gu Seoul Metropolitan City, the destination of which was located; and (c) when the victim stops the taxi at the front of Yangcheon-gu, Yangcheon-gu, Seoul, the Defendant: (a) stated that “the victim stops the taxi; (b) the victim would be able to drive the taxi well; (c) the victim would drive the taxi; (d) the victim would be 300,000 tons of the taxi; (d) while the victim refused it, the cosmetic, which is an object dangerous to the damages of the victim by driving on the front of the C Elementary School located in Gangseo-gu, Seoul; and (d) threatened the victim, by cosmetic, with his left hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. Selection of a selective fine for punishment (the defendant committed the crime in this case during the period of suspension of execution, but there is no criminal record other than the criminal records punished for larceny, agreed with the victim, and committed the crime in this case while knowing that he/she would drive well, considering the fact that he/she committed the crime in this case, he/she could be seen as a crime, including a frush and prudent, in light of the crime committed in this case)

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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