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(영문) 서울동부지방법원 2016.07.21 2015고단3266
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 20, 2015, at around 03:18, the Defendant: (a) found at the above place on the ground that the victim D (n, 57 years of age) residing in the above place was holding an examination room against the Defendant; (b) opened a beer who was on the floor of the said place on the wall and broken off another beer; and (c) opened another beer with a single beer on the floor; and (d) opened a single beer on the floor to the victim, and then cut it to the victim, the Defendant continued to do so by continuously referring to the excessive amount that had been on the beer at that place; and (e) by carrying a dangerous object, threatened the victim by carrying the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. A written statement;

1. The police seizure protocol and list of seizures, photo of a shoulderer, excessive pictures, each investigation report, cooperation request, response to the request for cooperation in investigation (the defendant and his defense counsel denies the charges of intimidation by the defendant while putting the victim in excess).

However, in light of the following circumstances, criminal facts are sufficiently recognized in the judgment that the defendant threatened the victim by carrying excessive amount of money.

We do not accept the above arguments.

(1) The aggrieved person, starting from the police investigation process to the statement in the court, brought excessive and threatened him/her.

Comparedly made statements.

There is no reason to intervene in the victim's statements.

② The Defendant, upon receiving the report of the instant case, stated to the police officers, that “The Defendant collected excessive taxes by stating that “I would have come to go back to and come to a scam while scam in the process of scaming, only if I would have come to go to the excessive taxes.

3. E sets aside glass sculptures away from the floor with beer and beer's disease.

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