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(영문) 수원지방법원 평택지원 2016.01.08 2015고단1711
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 and the victim B (n, 43 years old) are between the two people.

The Defendant, at around 15:00 on August 21, 2015, on the ground that the victim was in contact with other males at the home of the victim of Pyeongtaek-si Cown Ba, opened the house of the house, opened the house at the floor of the room, opened the string, sound, opened the string of the house, and opened the string, which is a dangerous object in the kitchen, (16cm in the blade, 30cm in the total length) and throw the string of the string, which is a dangerous object in the kitchen, and throw the string of the house.

Whether or not they have died of a few persons.

Cp. The head is dead in a three-round stoke, and any one is laid off if heleeps in a mountain and thrown away in a mountain.

“Accomprising the victim,” putting the knife knife knife (8 cm in length, 18 cm in total, 18 cm in length), which is a dangerous object carried by the victim, and throw away all of the knife to the male in contact with the width.

“The victim was crypted.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Protocols of seizure and list of seizure by the police;

1. Application of Acts and subordinate statutes governing examination of evidence;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The sentencing criteria shall not be applied in consideration of the following favorable circumstances for the accused who applies the sentencing criteria:

2. In light of the fact that the Defendant, on December 19, 2013, was sentenced to a suspended sentence of one year and six months for a violation of the Narcotics Control Act at the Chuncheon District Court on December 19, 2013, and committed the instant crime during the suspended sentence of three years, the Defendant’s liability for the instant crime is not minor.

However, the fact that the defendant recognizes the facts charged in the instant case and reflects his mistake, that the victim does not have to punish the defendant, and that he is under the influence of alcohol is somewhat somewhat.

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