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(영문) 수원지방법원 안양지원 2018.05.02 2017고단2075

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. A special intimidation: (a) the Defendant was under the influence of alcohol at the Defendant’s residence located in the Gu C and 101 during the period of Gyeyang-si on March 2017; (b) the Defendant suspected of having the victim D (the age of 55) living together under the influence of alcohol; and (c) was disputing the victim, 2 kitchens, which are dangerous articles in the form of hand, and said, “to die” to the victim.

2. On May 21, 2017, at the same place as above 16:00, the Defendant damaged the victim’s property as well as 800,000 won in total, such as a 3,50,000 won of the market value of the victim’s possession, a golf day room with a golf day with a capacity of at least 2,00,000 won of the market value, a one co-Hand bag with a capacity of at least 20,000 won of the market value, and a one co-made bag with a capacity of at least 50,000,000 won of the market value.

3. On July 30, 2017, the Defendant, in violation of the Special Act on the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.), reported the victim’s body to return to the body of his/her body, and taken video pictures against the victim’s will in a known body by using the Defendant’s mobile camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to the closure of images sent to the victim E and damaged photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and the Selection 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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture is heavier in light of the nature of each crime, etc., and even around May 2016, there were criminal records of a fine due to the crime of destroying property, but the Defendant’s mistake is against each other.