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(영문) 서울북부지방법원 2016.09.09 2016고정960
특수협박
Text

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

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

Reasons

Punishment of the crime

The defendant had repeated against the defendant about the so-called "private building" acquired by the victim C(70) through the introduction of the defendant, and had conflict with the victim as the date of demanding the repair work of defects.

On January 17, 2016, the Defendant, at around 17:30 on January 17, 2016, threatened the victim in front of the Dobong-gu Seoul Metropolitan Government D Apartment 1711, where the Defendant’s residence is located, by taking out gas guns (gas sprayers) which are dangerous objects in the fore and on the fore and part of the Defendant, and aiding the victim’s face, and threatening the victim as if he would inflict any harm on the victim’s life or body.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Each police statement protocol against C and E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (related to storage of gas sprayers);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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