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(영문) 창원지방법원 통영지원 2016.07.28 2016고단485
특수협박
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On January 26, 2016, the Defendant: (a) requested that the head of the husband’s seal impression in order to invite his relative parent to Korea at the inside of the family of the victim D (n, 79 years of age) located in C on January 26, 2016; (b) that “the husband’s seal impression may change the husband’s seal impression”; (c) the Defendant was refused; (d) two knife knife (30cm in total length) cited two knifes in both hands.”

In the same manner, the victim threatened the wall surface of the inner knife in the same knife method three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283 (2) and (1) of the Criminal Act concerning the selection of punishment, and the punishment by a fine;

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order (hereinafter “Aggravated Punishment”), the victim and the injured party agree with the victim that the crime of this case would not want punishment against the defendant, and the injured party should not want the punishment against the defendant by agreement, by taking into account the defendant’s age, sexual behavior, environment, family relation, relationship with the victim, circumstances after the crime, etc., that the defendant committed the crime and gave harm and injury to him/her at the time of the crime. It is so decided as per Disposition by the assent of all participating Justices, by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant’s age, sexual behavior, family relation, relationship with the victim,

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