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(영문) 울산지방법원 2017.10.25 2017고단2568

특수협박

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for three months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On April 4, 2017, at a singing room located in Ulsan-gu, Nam-gu, Seoul on April 4, 2017, Defendant A (“Defendant”) from the victim D(38C) to “Is the drinking-based atmosphere, and only Is the drinking-based atmosphere?”

unless he or she hears the word " Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. , after he or she has broken the beer's disease at home, he or she shall do so:

”라고 외치며 위험한 물건인 깨진 맥주병을 피해 자의 목에 겨누고, 그 후 피해자의 목을 자신의 왼쪽 팔꿈치로 누르며 피해자를 눕혀 제압한 다음 피해자의 얼굴을 향해 위에서 아래 방향으로 깨진 맥주병을 수차례 휘두르는 방법으로 피해자의 얼굴을 찌를 듯이 위협하였고, 다시 깨진 맥주병을 피해 자의 목에 갖다 대어 수차례 문지르며 목을 자르는 시늉을 하는 방법으로 피해자를 위협하였다.

Accordingly, the defendant carried a shoulderer disease, which is a dangerous object, and threatened the victim.

2. Defendant B, at around 05:40 on April 4, 2017, the Defendant: (a) saw the above A, which was inhabited in the above E-Ba, in order to resist the intimidation, as described in paragraph (1), from the Ulsan-gu E-Ba parking lot; (b) caused the damage by cutting the front glass of KRW 143,00,00 at the market price of G E-W car owned by the victim F, who was parked outside the said E-Ba; and (c) caused the damage by cutting the front glass of KRW 143,00,00, which was parked therein.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement protocol with regard to H and I (Evidence No. 10, 11 of the evidence list);

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Defendant A’s choice of imprisonment with prison labor, Article 366 of the Criminal Act, Defendant B’s choice of imprisonment with prison labor, and option of imprisonment with prison labor

1. Reasons for sentencing under Article 62(1) of the Criminal Act, each of the suspended sentence (referring to the part favorable to the following reasons for sentencing)

1. Sentencing criteria;

A. Defendant A [Scope of Recommendation] Class 4 (Habitual, Cumulative, Cumulative, Special Intimidation) is the mitigation area (4 months to 1 year).