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(영문) 춘천지방법원 속초지원 2017.02.08 2016고단366
특수협박등
Text

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 October 25, 2016, from around 19:10 to around 19:25 on the same day, the Defendant brought a dispute over the victim F (32 tax) who is an employee of the above E and the parking of tourist buses in the front of the operation of the victim D, which was located in the early July 25, 2016, with a knife one knife (17.5cm in length on the blade, 32cm in total in length) of the dangerous articles mentioned above, which is the “G” operated by the Defendant, in the vicinity of the operation of the Defendant. The Defendant used one knife (17.5cm in length on the knife, 32cm in length on the knife) to the victim F.

In addition, it was difficult to avoid a disturbance before approximately 15 minutes, such as threatening the victim F to threaten the victim, and enter into a bitch, by referring to “a bitch bitch bitch”.

Accordingly, the defendant, carrying dangerous things, threatened the victim F, and interfered with the victim D's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage arising from the F and D preparation;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the current status of personal expropriation), and Acts and subordinate statutes on personal expropriation;

1. Relevant provisions of the Criminal Act and Articles 284 and 283(1) of the Criminal Act regarding criminal facts, Article 314(1) of the Criminal Act, and the choice of fines (limited to a crime committed during the period of repeated crime, with high possibility of criticism in that it is a crime committed during the period of repeated crime; however, the circumstances leading to the crime, the victims and the victims agreed smoothly, and the reflection thereof, etc.);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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