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(영문) 서울북부지방법원 2016.08.11 2015고정2420
특수협박등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Around 14:00 on August 24, 2015, the special intimidation: (a) the Defendant taken off the transition, which is a dangerous object prepared in advance, for the reason that the victim D (65) was not aware of the key to this rooftop, within the Jung-gu Seoul metropolitan apartment guard room; and (b) taken up the victim D and the victim F (68 tax) into consideration, the Defendant attempted to set up the aforementioned D with excessive route; and (c) the Defendant intimidationd the victims by “each of the fests and all of the fests, the same fess and the flabs and the flabs, and threatened the victims,” respectively.

2. The Defendant committed assault, at the above date, at the above time, and at the above place, assaulting the victim F’s chest by the defective hand that D and the victim F want to take excessive back.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Application of Acts and subordinate statutes to photographs of blades taken by local police officers;

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Special Intimidation);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged in this part of the facts charged was assaulted by the Defendant, at the time and place indicated in the facts charged in the judgment, that the victim D and F were to take excessive back of the victim D and F, once to take the face of the defective victim D, once to take the victim D by hand, and that he was tightly pushed down twice to tightly pushed down the chest and pushed down twice by hand.

2. Determination

(a) Crimes of non-violation of intention (Article 260 (3) of the Criminal Act);

B. Withdrawal of wishing to punish the victim after the indictment of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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