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(영문) 전주지방법원 2017.10.25 2016고단2290

특수협박등

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

The Defendant is a certified auctioneer of curios, and the victim C is a person who operates an auction house under the trade name of “E” in the former North Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea.

In addition, there was a defect in the false horses, and there was a damage to the next floor by lowering about 10 points of fraud in a 150,000 won in the market price owned by the injured party in the main room of the area and about 280,000, and about 10 points of fraud in the market price.

Accordingly, the defendant damaged the property owned by the victim.

2. Special intimidation: (a) the Defendant: (b) at the same time and place as in paragraph (1) of this Article; (c) caused the damage to a person who has caused scam and a scam and a scam, thereby threatening the victim as with the victim, citing the top, which is a dangerous object, and (d) threatened the victim with the word “fin anywhere once” from the damaged person; (c) by taking the kitchen knife, which is a dangerous object, with the victim’s “scam off” and the victim’s knife, which is a kitchen that is a dangerous object.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to report on investigation (related to shooting of scene of crime and tools of crime);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation);

1. Selection of imprisonment with prison labor chosen;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

A. Regarding the summary of the argument, with regard to the special intimidation, the defendant is procepted with the defendant, who had a dispute with the victim at the time, and is at the entrance of the main entrance.