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(영문) 대구지방법원 포항지원 2016.07.07 2016고단449
특수협박등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant: (a) 17:40 on the 17:40-round 17:3, the victim D (n, 47 years of age) located in Nam-gu C at the port, and (b) 100,000 won in the market value at the entrance of the restaurant, walking soup by the Defendant’s frying the Defendant’s wife at a large amount of KRW 1,00,000,000 in the market value at the entrance of the restaurant; (c) put fpans on the floor; and (d) put the knif (200cm in length) at a dangerous object located in another restaurant located in the vicinity of the restaurant; and (d) put the victim to death and discarded.

“.....”

Accordingly, the defendant damaged the victim's property and threatened the victim with dangerous articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D (victim) and E;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act, Articles 284, 283 (1) (the occupation of special intimidation and the choice of fines) and Article 366 (the occupation of property damage and the choice of fines) of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime was committed by the defendant, such as threatening the victim in knife, etc. after the damage of property, and the defendant committed the crime of this case only one month after having been sentenced to a punishment, and other circumstances favorable to the defendant that have been punished several times due to violent crimes: the amount of damage caused by the damage of property is relatively small: the amount of damage caused by the damage of property is agreed with the victim; the crime related to violence was committed in a relatively small manner; there was no criminal conviction for having committed a crime related to violence; the crime related to violence was sentenced to a suspended sentence for not less than 11 years before and after being sentenced to a fine for not more than 5 years before the suspension of the execution of 11 years prior to the occurrence of the crime; and there was no same type of criminal record after being sentenced to a mistake other than each of the above circumstances.

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