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(영문) 서울남부지방법원 2016.05.10 2015고단4775

특수협박등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On May 21, 2014, the Defendant was sentenced to six months of imprisonment by obstructing business operations at the Seoul Southern District Court, and completed the execution of the above sentence at the Seoul Southern District Court on November 16, 2014.

[Criminal facts]

1. A special intimidation: (a) around November 3, 2015, at the victim E (63) office located in Guro-gu Seoul Metropolitan Government, around 17:20, the Defendant: (b) threatened the victim by means of the victim E (63 cm)’s words, “Is the victim to write the kitchen knife (30cm in length, approximately 21 cm in length) accumulated in the calendar, which is dangerous things, in the course of demanding the victim to pay the construction cost related to the second floor interior of the D’s “D,” and then by means of the victim’s words, “Is the victim to write the kitchen knife in front of the knife (30cm in length, approximately 21 cm in length)” and “Is the victim to write off the money to the knife of the knife.”

2. Around 17:30 on the same day, the Defendant: (a) committed assault against the victim by using a document plastic bag in front of the victim’s face while the victim F (52 knife) and the above construction cost, which is the object dangerous to the victim F (52 knife) with the above construction cost; (b) booming the victim’s face; (c) booming the victim’s knife with his knife with his knife with his knife; (d) flife his knife with his knife with his knife; and (d) flife the part of the victim’s knife with his knife with his knife with his knife’s head; and (d) flife the victim’s knife

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of the witness F, E, G, and H;

1. Statement made by the witness I in the second public trial protocol;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each prosecutor's statement protocol concerning F, H, E, I, and G;

1. Seizure records;

1. Fent assault and side of the kitchen, and the kitchen and knife photograph kept by the defendant;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime record), personal identification and current status of acceptance by each person;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 of the Criminal Act concerning criminal facts.