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(영문) 창원지방법원 밀양지원 2018.04.19 2018고단57
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 24, 2018, the Defendant: (a) at D stations located in Sinnam-gun, 00:40, around 00, and around 00:40, and (b) at D stations located in Sinnam-gun, on the ground that the victim E (the age of 53) does not see himself/herself as a customer, and (c) at his/her port hand, the Defendant threatened the victim with “influencing” as “abation of death,” on the ground that the victim E (the age of 53) does not see himself/herself as a customer.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 of the evidence list);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

A extenuating circumstance: A circumstance in which the nature of the crime is not less easily against the victim by carrying dangerous articles: The victim does not want the punishment of the defendant.

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