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(영문) 청주지방법원 2018.07.05 2017고단1635
특수협박등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant was a victim E (a person, 38 years of age) and a person who was in a de facto marital relationship for about 14 years, and received obscene video files posted on an Internet website from around March 2017, and it was suspected that the female in the video file is the victim from that time, and that the female in the video file is the victim.

On April 6, 2017, the Defendant: (a) contacted the victim with night service at night on 104 Dong-gu, Seocho-gu, Cheongju-si, Cheongju-si, Cheongju-si, 104-602, referred to as the foregoing video, and returned to the house; (b) displayed the knife (32 cm in total length, 20 cm in length) which was hidden in advance to the victim who returned to the house, and (c) displayed the knife (20 cm in length, knife in this knife) that “I want to die with knife.

“.....”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on the surface of the Kakao Stockholm course;

1. Article 284 of the Criminal Act applicable to the crime, Article 284 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Where the sentencing criteria [Scope of recommended punishment] Class 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (4 months to 1 year), the mitigation area (including special mitigation persons), the punishment non-won (including serious efforts to recover damage), or considerable damage has been recovered;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The crime of this case is committed without being aware during the period of the suspension of the execution of the crime of this species, the risk of 20cm in the length of the knives used as the tool of intimidation, and the fact that there is a history of criminal punishment of several times including more than a suspended execution, and the victim is against the victim.

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