(영문) 인천지방법원 2017.10.27 2017고단3517

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.10.27 2017고단3517

특수협박

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant: (a) resided in Gyeyang-gu B lending C; (b) found D on the ground that noise occurred in the course of performing repair works for the inside repair works of Ba, the upper house of Ba, the upper house of Gyeyang-gu; (c) made a claim against the victim E; and (d) agreed that only up to 14:00 on the same day with the victim, the Defendant returned to C.

The Defendant 12:30 on the same day cited excessive knife (23 cm in total, 12 cm in length) which is a deadly weapon located in the Republic of Korea on the ground that continuous noise is 12:30 on the same day, and placed a knife in the above D, and the victim “hicker,” who opened the front door;

In other words, the victim threatened the victim with the above excessive knife one time to the face of the victim, stating that the victim is dead.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. In light of the fact that the crime was committed during the period of probation due to the crime of injury on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the method or content of the crime of this case, there are unfavorable circumstances such as the nature of the crime. However, in light of the favorable circumstances (the fact that the crime is recognized and reflected, the injured party does not want the punishment of the defendant by smoothly agreement with the injured party). The defendant is not only in a state of disability of Grade 6 due to the decline in the recognition function after the traffic accident occurred in 2014, but also in a state of disability of Grade 6, such as suffering from alcohol dependence, and it appears that such pointed out and mental disability might have served as one of the factors of the crime of this case, and the defendant might have been seen to have served as one of the factors of this case.

참조조문

유사 판례

-수원지방법원 안산지원 2018.05.24 2017고단1754

-서울서부지방법원 2016.02.05 2015고단2910

-수원지방법원 안산지원 2018.06.29 2018고단1309

-광주지방법원 2016.06.08 2016고단1079

-울산지방법원 2017.04.27 2017고단678