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(영문) 대전지방법원 천안지원 2019.10.01 2019고정287
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

At around 10:40 on August 11, 2018, the Defendant: (a) committed a dispute with the victim D (the age of 19), E (18) and his/her liability known in the residence of the Defendant of the building B in the Dong-gu, Nam-gu, Dong-gu; (b) and (c) expressed that the victim D would file a complaint; (b) and (c) took a kitchen (20cm in length of the day) and a kitchen (10cm in length of the day) which are dangerous things in the kitchen, in both hands, and threatened the victims by acting in the kitchen with the kitchen knife in the vicinity of the entrance, and by acting in the kitchen knife that would inflict any injury on the victims.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. On-site photographs, etc., 2 copies of the 112 Report Processing Table (the defendant and his defense counsel recognized that he had the kitchen knife and door, but they did not threaten the victims as they might cause harm. However, the victims consistently from the investigative agency to the present court to the present court stated that the defendant threatened the victims with the kitchen knife and door, and that the statement is in accord with the specific and circumstances at the time. In addition, the victim E stated that at the time, the defendant made a report to the police by using a knife and door, and made a report to the police, not by telephone, and the police before the door, and in light of this objective evidence, the victim's act at the time led to the objective evidence, and in light of this, it is determined that at the time, the victims suffered considerable fear. Accordingly, the defendant and his defense counsel's assertion is not accepted).

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act, which is the kitchen, knife and knife of the crime, is large.

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