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(영문) 서울중앙지방법원 2017.07.06 2017고단3465

특수협박

Text

A defendant shall be punished by imprisonment for six 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. 피해자 C에 대한 특수 협박 피고인은 2017. 5. 3. 01:55 경 서울 강남구 D에 있는 이모인 피해자 C( 여, 68세) 이 운영하는 ‘E 식당 ’에서, 피해자의 아들인 F이 피고 인의 식당 개업에 도움을 주지 않는다는 이유로 화가 나 그 곳 주방에서 위험한 물건인 식칼을 들고 나와 피해자에게 “ 가게를 다 부숴 버리겠다.

The death of this baby shall be discarded.

The victim threatened the victim, such as “”.

2. A special intimidation against the victim G was taken on the road in front of Gangnam-gu Seoul on May 3, 2017 by the victim who suffered damage, and on the road in front of Gangnam-gu Seoul on May 3, 2017 by the defendant when the victim G ( South and 42 years old), the victim G was Kamera.

I think of it and suggested a dangerous industrial tool gra, which is an industrial object, and put the victim into threat by taking the attitude that the victim seems to be able to put the victim a bad faith.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Reporting on the occurrence of special intimidation;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act [the scope of recommending punishment] The mitigated area of Class 4 (Special Intimidation) (4-1-1-year), and the special mitigated area of the mitigated area (4-month-1-year): The court below’s decision of sentencing [the decision of sentencing] has a high risk of food, knife, and hedging carried by the Defendant (the Defendant prepared a hedge in advance for committing a crime). However, the Defendant led to confession and mistake against the victims, and agreed with the victims.

Based on the recent ten years, there is no other force except for punishment of a fine due to a crime of bodily injury in 2013.

In these circumstances, the defendant's age, sex, family relationship, health status, circumstances before and after the crime, and means and results of the crime.