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(영문) 서울서부지방법원 2017.04.26 2017고단212

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

1. On October 19, 2016, the Defendant, at D stores No. 1110 of the 13:00 Seoul Mapo-gu Seoul Mapo-gu Seoul building, threatened the victim E (n, 37 years of age) who is the wife, with a ceiling attached thereto, and thereby threatening the victim to “I would tear clothes inside the door store if I would not give money,” and thereby, threatened the victim by carrying a ceiling, which is a dangerous object.

2. On November 4, 2016, the Defendant: (a) around 02:00, at the fourth floor of Seoul Mapo-gu Seoul Metropolitan Government FF 4, and (b) at the same time, the Defendant saw the victim as he/she was living together;

In spite of the desire of the victim's refusal, the victim brought about excessive (23 cm in total length) in the vicinity of his right edge and brought about a dancing near the other side of his own right, and there is an idea that "I would like to know why people commit murder, and would be able to do murder in a contingent manner.

“Intimidating”, the victim was threatened by carrying excessive excess as a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (a supplementary statement submitted by the victim), a criminal investigation report (a photographs of additional intimidation submitted by the victim), and a criminal investigation report (a special evidence photograph of the suspect submitted by the victim);

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

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. Crimes No. 1 for the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommendations] 4 types of intimidation (the repeated crime, repeated crime, special intimidation) (the period from April to 1), the mitigation area (including the person who has been specially mitigated), the punishment non-won (including serious efforts to recover damage) or considerable partial damage) / the mitigation area (4 months to 1 year) (the scope of recommendations / the mitigation area (4 months to 1 year), the mitigation area (including the person who has been specially mitigated) (including the person who has been specially mitigated), or where considerable damage has been recovered from the mitigation area: April to 1.