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(영문) 서울동부지방법원 2018.10.26 2018고단2146
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[2018 Highest 2146] around 12:30 on March 15, 2018, the Defendant threatened the victim C (n, 60 years of age) located in the Cheongju-si, and then threatened the victim with “D” knife, which is a dangerous object, with the knife of the victim, with the knife, and threatened the victim with the knife, “Sknife, knife, knife, knife, knife, knife, knife, knife, knife knife.” The Defendant exceeded knife knife knife from one’s own part, and threatened the victim with the glass

[2018 Highest 3078] The Defendant found the victim C and was tried for a crime of intimidation.

On May 6, 2018, the Defendant: (a) around 00:46, the Cheongju-si, the Cheongju-si, which was operated by the injured party in the Cheongwon-gu, and (b) infringed on the victim’s residence by leaving the windows of the Kater room in which the victim resides, and (c) putting the victim’s windows in the Kater’s windows, “the harm caused to report and report”; and (d) placing them in the Kater’s windows.”

Summary of Evidence

[2018 Highest 2146]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 A list of reported cases;

1. Self-harm of the skin and car knife photograph [2018 Highest 3078];

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (transmission, etc. of victim's scene pictures) and investigation report (report on the details of telephone conversations with victim C);

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting and Handling;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of punishment by imprisonment), and Article 319(1) of the Criminal Act (the point of intrusion upon residence and the choice of punishment by imprisonment);

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of two severe special intimidation crimes) of the said Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Special intimidation [Determination of the type] group of violent crimes, intimidation, and type 4 (Special Intimidation) [Special Sentencing Persons] increased and mitigated elements: None of them [the scope of recommended sentences] basic area: Imprisonment.

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