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(영문) 대전지방법원 2017.06.01 2017고단1494
특수협박
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 11, 2017, the Defendant, at Daejeon Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, 935, and on the front of the apartment building of this case, and on the front of the victim B (son, 28 years old) the horn of this vehicle, the Defendant, who was in dispute, stated that “the victim shall immediately be aware of the same laws and regulations,” was put into the D Technical Research Institute, which is located in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu.

Accordingly, the Defendant: (a) informed the security team staff of the vehicle number to find out the victim; (b) made the victim use of the Defendant’s vehicle; and (c) threatened the victim with a multi-purpose blade for mountain use (10.5cm in length, 12.5cm in length, knife in knife) in which the Defendant used the vehicle at the trokele of the Defendant’s vehicle, and (d) led the victim to drive away by approximately 10 meters.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and E;

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

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs and evidential materials of the damaged scene;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case are not good in light of the contents of the crime of this case, and the fact that the defendant did not agree with the victim is unfavorable to the defendant, considering the circumstances unfavorable to the defendant, such as the defendant's commencement of the crime of this case and the fact that the defendant does not have the same criminal record and only three times of fine due to a different type of crime, etc., the defendant's age, sex, environment, circumstances after the crime, etc., as favorable to the defendant, and all of the sentencing conditions as shown in the arguments and records of this case and the prosecutor's sentence are taken into account.

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