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(영문) 춘천지방법원강릉지원 2020.08.13 2020고단489
특수협박등
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On May 3, 2020, the Defendant, at around 23:30 on May 3, 2020, performed drinking together with the date and time set at the main points of the “C” located in Gangnam-si B, and at the place of the victim D (n, 48 years of age), followed the victim by spreading beer, ging the beer’s disease on his/her table, leaving the beer, which is a dangerous object, into his/her hand, and doing so to the victim, and doing so that the victim’s body may be harmed.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (the other party investigation and CCTV image attachment), CCTV video CD investigation report (including the precise analysis of CCTV on-site, etc.), CCTV image-cape photograph;

1. Application of Acts and subordinate statutes to investigation reports (Additional Analysis ofCCTV images);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances favorable to the fact that the defendant was sentenced to a suspension of the execution of imprisonment by a court on May 14, 2019 due to the crime of violence and committed the crime of special intimidation in the course of the grace period: The defendant acknowledges and reflects the crime; the victim does not want the punishment against the defendant by mutual agreement with the victim; the defendant's age, character and behavior, environment, circumstance of the crime, circumstances after the crime, etc. are considered, and the various sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

Public Prosecution Rejection Parts

1. On May 3, 2020, the Defendant is found to have “C” located in Gangnam-si B.

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