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(영문) 서울남부지방법원 2017.01.18 2016고단4878
특수협박
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 August 18, 2016, around D convenience stores located in Yeongdeungpo-gu Seoul Metropolitan Government on the ground that the victim E (21 tax) and his/her daily activities are slicking, the Defendant threatened the victim by putting the victim’s knife (21cm in length) as a dangerous object, and putting the victim’s knife at one hand with the victim’s rear knife, and putting the victim’s knife in the item of the victim’s knife with the above knife, “A knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

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

1. Application of statutes on site photographs;

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

1. The crime of this case, which threatens the victim with a large knife, is not easy to commit a crime under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. However, it appears to be contingent crimes committed at a drunk, and there was no particular physical damage, and the defendant recognized the error thereof, etc. shall be determined as ordered by the decision.

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