(영문) 서울동부지방법원 2018.07.25 2018고단1695



A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.


Punishment of the crime

On December 10, 2017, at C convenience stores located in Songpa-gu Seoul, Songpa-gu, Seoul around 14:40 on December 10, 2017, the Defendant: (a) heard the victim D, a part-time trainee under the influence of alcohol, who continued to incur time expenses to the victim D, thereby making a report to the police; and (b) stated that the Defendant would report it to the police.

At present, there is no knife test in the police station, and there is a knife in the knife left of the knife.

고 씨 바 콱! 나 남자야 임 마 죽여 버려, 나 거여동 토박이인데 진상이라고 진상! 꼴통! 함부로 신고하지 마라 신고 하면 죽여 버린다.

“To the end, the victim threatened the victim as if he/she would endanger the victim’s life and body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 283 of the Criminal Act, the choice of punishment for the crime, Article 283 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (two months to one year) of the crime of intimidation (general intimidation) (no person subject to special sentencing)

2. Determination of sentence: The defendant will die of a female victim who had worked at a convenience store;

In full view of the facts that intimidation and the nature of the crime is not good, that there was a record of having been sentenced to a fine several times by obstructing the performance of official duties, obstructing duties, etc., and that the mental suffering suffered by the victim was considerable, but it was not available from the injured party, and the sentencing conditions specified in the trial process of the instant case, including the age, sexual conduct, and circumstances after the crime, etc., the punishment shall be determined as ordered.