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(영문) 서울북부지방법원 2013.04.23 2012고단2096

협박

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 22, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury at the Jeonju District Court on February 7, 2012, and completed the execution of the said sentence at the Jeonju Prison on February 7, 2012, and on August 8, 2012, the Seoul Northern District Court sentenced ten months of imprisonment with prison labor for an attempted crime of robbery at the Seoul Northern District Court, which became final and conclusive on December 28, 2012.

At around 21:49 on May 15, 2012, the Defendant demanded the victims C (year 41) who are the birth parents to pay money for living expenses, etc., but the victims refused to pay the money, and the Defendant sent text messages to the victims by phone calls to the victims, “I see whether I see it with the mind of mind, so I see it, I see it with the mind of mind, I see it once, I see it, I see it, I see it with the mind of one, and I see it, I am without the superior, because I am sexually or mentally, I see it.” From then to June 17:30, 2012, the Defendant threatened the victims by sending text messages expressing harm or harm to the victim by telephone or sending text messages to give notice of harm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the photographs and criminal records of text messages;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, each of the crimes of this case committed again during the period of repeated crimes despite the fact that each of the crimes of this case appears to have caused considerable fear to the victim, and that there is no agreement with the victim, it is inevitable for the defendant to severely punish the defendant, but the defendant suffers from de facto disorder from the past.