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(영문) 창원지방법원 진주지원 2019.08.22 2019고단488
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a death who had livedd for about five months with the victim B(n, 32 years of age) and about five months.

At around 04:00 on March 22, 2019, the Defendant: (a) under the influence of alcohol at the victim’s residence in Jinju-si C Apartment D, the Defendant threatened the victim with the wall by putting the victim’s neck into the wall; (b) cutting the knife, which is a dangerous object (the total length of 30cm, the knife amount of 18cm) with the victim’s knife at the victim’s knife; and (c) with the victim’s knife that “the knife is killed, dead, and will die.”

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs, kniff photographs, and damaged photographs;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant has been living together with the victim who has been living together with his or her state of dispute and threatened the victim with a knife with a knife, agreed with the victim. The victim wanted to have his or her wife, the victim has no special criminal history other than being punished by a fine twice, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, etc., and various conditions of sentencing as shown in the argument of the case, such as the circumstances after the crime, etc., shall be determined as the order.

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