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(영문) 서울북부지방법원 2017.03.23 2016고단1460
특수협박등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 01:00 on November 2, 2016, the Defendant made intimidation, such as repeated intimidation that the Defendant was holding knick or e-mail (blade length: 9cm, total length: 11cm) that shacked knicked knick on the ground that the Defendant was a knick of 1800 (two weeks) with the victim C (hereinafter “C”) located on the 3rd floor of Dobong-gu Seoul, Dobong-gu, Seoul, and that the Defendant was seated in the knick, and that knicked on the knick.

2. A while carrying dangerous weapons of three points, such as a private chacker (the total length: 3.5cm, 21cm: 21cm) and a kitchen knife ( the total length: 33cm, 33cm: 21cm) and a kitchen knife (the total length: 33cm, 21cm: 21cm), a portable knife ( the total length: 10cm, 10cm: 8cm) and a portable knife (the total length: 10cm and knife length):

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written statement of C;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 284 of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act (the point of special intimidation), and the selection of a fine, respectively, for a crime;

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

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the accused does not have any other criminal records than the fine, and there is no other criminal records; (b) the accused carrying dangerous objects and shown them to the victim; (c) the above acts do not proceed to the victim; and (d) the sentence shall be determined as ordered in consideration of the various circumstances indicated in the instant case, such as the prosecution’s punishment.

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