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(영문) 수원지방법원 2015.04.23 2015고정172
특수협박
Text

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

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

Reasons

Punishment of the crime

On October 27, 2014, at around 04:30 on October 27, 2014, the Defendant: (a) stated that sound from the ordinary floor would wish to himself; (b) stated that the victim C (74 years of age) of the upper floor was dissatisfied with the complaint; (c) stated that the sound from the upper floor would have resleeped again from the upper floor on the ground that the sound from the lower floor would have been 30cm; and (d) stated that the kitchen gate (30cm in length, 20cm in the blade length) was opened at the front of the victim’s house, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

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

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the background of the instant crime, the circumstances after the instant crime, the details of the Defendant’s statement at the investigative agency, etc., it is not deemed that the Defendant did not have or did not have the ability to discern things or make decisions at the time of the instant case.

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