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(영문) 창원지방법원 2018.02.06 2018고단57

특수협박등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around January 4, 2018, the Defendant received a claim from the victim E (hereinafter “victim E”) to inform the victim of F’s residence area, etc. to the former male-child group of F (hereinafter “victim”) in front of the modern car D agency located in the window C of Changwon-si, Changwon-si, 2018; and (b) made a dispute with the victim; (c) displayed the food knife (29.5cm in total length, 17.5cm in length, 17.5cm in length), which is a dangerous object in his/her possession; and (d) threatened the victim by taking an attitude that the Defendant would inflict harm on the victim.

2. The Defendant violated the Immigration Control Act, despite having been able to stay in the Republic of Korea within the scope of the sojourn status and the period of stay, entered the Republic of Korea on February 9, 2014 as a short-term visit, and stayed in the Republic of Korea on March 11, 2014 after the expiration of the sojourn period until January 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. 112 A list of reported cases;

1. Seizure records;

1. Photographs;

1. An investigation report (as to attaching data for inquiry about information about sojourn of foreigners);

1. Application of immigration Acts and subordinate statutes on individuals;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (special intimidation) of the Criminal Act, Articles 94 Subparag. 7 and 17(1) (a) of the Immigration Control Act (a person who stays in excess of the scope of his/her status of sojourn or period of sojourn) of the Immigration Control Act, and the choice of imprisonment with prison labor, respectively;

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. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are determined as the same as the order.

The circumstances disadvantageous to the Republic of Korea include a long-term period of illegal stay in the Republic of Korea, and the circumstances that are favorable to the nature of the crime in that the person was threatened by the use of dangerous things: the defendant's mistake.