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(영문) 부산지방법원 2019.02.20 2018고정1913
협박
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2018, at around 01:15, the Defendant: (a) filed a dispute with the victim C (the age of 51) and the drinking value at the calculation stand of the “sing room” located on the first floor of the building B in Suwon-gu, Busan, the Defendant: (b) expressed the Defendant’s attitude that “the victim sing the singke and eye of the singke,” stating that “I am well-known. I am well-known; and (c) took the single of the singke and the single of the singke, I am the victim’s eye, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police suspect interrogation protocol of C or D;

3. Statement to C by the police;

4. Complaint; and

5. Application of each police investigation reporting statute;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

2. Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act to attract the workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to two million won; and

2. In this case, the determination of sentence was made at a deep night to threaten the victim's eye as if the victim's eye were influence with the drinking value problem at the main point of night, and the victim's eye was threatened with the victim's eye. The nature and circumstances are not good, and the risk of seeing the victim's eye as a criminal tool is also high.

Due to the criminal act of the defendant, the victim seems to have suffered considerable mental shock and pain.

Nevertheless, the Defendant, by denying the instant crime in lieu of the instant crime, took the attitude of provoking criminal responsibility or undermining them, while compensating the victim for damages or not receiving a letter of apology.

Furthermore, the defendant seems to have been punished for violent crimes two times (one time of suspended sentence of imprisonment and one time of fine).

However, there are favorable circumstances such as the fact that the defendant has committed the crime of this case in a contingent way with the victim's drinking problem, and that there is no record of punishment for intimidation crime.

These points are the same.

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