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(영문) 서울북부지방법원 2016.06.24 2016고단1115

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who delivers a dry well to a well-owned milk supply station in B by using five tons of cargo owned by the Defendant.

On February 18, 2016, the Defendant: (a) around 11:30, at the front of a dry-fresh D supply station located in C; (b) on the front of a dry-fresh D supply station, due to the failure of the Defendant’s delivery vehicle, the Defendant was unable to deliver the milk to the Fitter of the dry-fresh F supply station operated by the Victim E (48 years of age).

After hearing the horses, “Chhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of each statute on photographs;

1. Relevant Article 284 of the Criminal Act, the choice of punishment for the crime, 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 Social Service Order Criminal Act / [the scope of recommended punishment] There is no person who has basic area (six months to one year and six months) [the person who is subject to special sentencing] [the decision of sentence] of this case, the circumstances of the crime of this case, the fact that the defendant is against the mistake, the criminal records of the defendant (no person subject to heavy punishment exceeding the fine) and his/her living relationship, etc., shall be determined as the same as the order.