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(영문) 서울남부지방법원 2019.09.09 2019고단2365

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On May 9, 2019, the Defendant: (a) around 17:28, 2019, while drunkly drunkd the Victim C (the 25-year-old age) on the street in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, without any particular reason, performed an act as doing any harm to the victim’s body by stating that the Defendant she blicked “this flick, several slaughters, or flicks,” and that the Defendant blicked the police with dangerous articles ( approximately 12 cm in total length, about 5 cm in length), which was in danger of the victim’s own money, and acted as the victim’s body.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on internal investigation by the victim;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. A normal condition favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The defendant recognized the crime of this case and reflects it.

D. Unfavorable circumstances: (a) the crime of special intimidation of this case is considerably poor; (b) the Defendant committed the crime of this case, such as the crime of indecent act by indecent act, etc. with the criminal power of eight months sentenced to imprisonment due to indecent act by indecent act, etc.; (c) even though there are considerable criminal records of punishment due to indecent act by indecent act, present building, fire prevention, injury, etc., the Defendant committed the crime of this case; and (d) Contacks, being sealed by the victim; and (d) the victim was not recovered from damage