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(영문) 인천지방법원 2016.04.28 2016고단177
특수협박
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 9, 2015, at around 15:20, the Defendant threatened the victim E (n, 58 years of age) who is running a store in the vicinity of the C fish market operated by the Defendant in Jung-gu Incheon, Jung-gu, Incheon, on the ground that the victim E (n, e.g., the Defendant) demanded the Defendant to put the sled fish to the sewage hole and to hold the sled fish to the Defendant, and then to threaten the Defendant. The Defendant threatened the victim, as in the case of the knick, a dangerous object used for spreading the salted fish (25cm in length, 15cm in length of the day) twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283(1) of the Criminal Act of the choice of punishment, the selection of fines (the punishment shall be imposed in consideration of the fact that the defendant seems to recognize and reflect his/her criminal conduct, and that he/she has no record of being punished for the same kind of crime);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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