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(영문) 창원지방법원 밀양지원 2019.01.24 2018고단478
특수협박등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 13, 2018, at around 20:20, the Defendant: (a) threatened the victim D with a knife (n, 60 years old), which is a dangerous object at the seat of the said restaurant, at the C cafeteria located in the Gyeong-gun, Gyeongnam-gun; (b) 20:20, at around 20, the Defendant turned down the knife of the knife at the market price of KRW 30,000,000, with the knife (19cm in the knife length).

The defendant, carrying dangerous things, threatened the victim, and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Police seizure records;

1. Photographs of victims, crime scene, criminal tools, damaged articles, etc.;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, and Articles 366 of the Criminal Act, the choice of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Based on the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records, such as the following circumstances, Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by the order.

Conditions unfavorable: Conditions favorable to the fact that the victim has been punished for the same kind of crime: The part dismissing the prosecution that the victim does not want the punishment of the defendant.

1. On September 13, 2018, the Defendant assaulted the victim at a C cafeteria located in Gyeongnam-gun, not Gyeongnam-gun, on two occasions as a drinking house, on the part of the charge.

2. Article 327 subparag. 6 of the Criminal Procedure Act and Article 260(3) of the Criminal Act of the judgment (the expression of intent not to punish the victim after the institution of public prosecution of this case)

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