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(영문) 서울서부지방법원 2017.08.25 2017고단1649

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On April 21, 2017, the Defendant was sentenced to a suspended sentence of three years for one year of imprisonment due to an injury, etc. at the Busan District Court, and the above judgment became final and conclusive on August 18, 2017.

[2] On May 18, 2017, the Defendant, at around 06:20 on May 18, 2017, in the parking lot adjacent to the "D" food store located in Yongsan-gu Seoul Metropolitan Government, where there was a dispute between two influences and two influences, one influences in the relevant restaurant E (27 taxes) of the victim E (the above restaurant customer) and the above restaurant customer, on the ground that there was a fluence influences.

In addition, after he was frighted, he shall display the shoulderer's disease, which is a dangerous object, to the victim, and "hump, salute, dead, and why the test is dump.

The phrase “intimidating the victim’s life and body, as the victim would inflict harm on the victim’s body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the report of confirmation of the case in trial);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment shall be determined by taking into account the circumstances, Defendant’s age, sexual conduct, environment, circumstances after committing the crime, etc. under the circumstances of sentencing: favorable circumstances - confession, reflectivity - circumstances unfavorable to the victim, etc. - In other circumstances, the responsibility for the crime committed during the appellate trial and committed while being sentenced to the first instance judgment due to the crime of injury in the judgment, etc. does not be somewhat weak - Article 39 of the Criminal Act is