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(영문) 부산지방법원 서부지원 2019.03.21 2018고합275
특수협박등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

The Defendant is a person of full age 21 who is a victim B (n, 21);

1. On August 8, 2018, around 01:00, the Plaintiff again refused the Defendant’s demand, attached a cigarette to the Plaintiff, and the Plaintiff read that “the Plaintiff will go to the Plaintiff by a cigarette holder.” However, when the Defendant refused the demand, the Defendant would also threaten the Plaintiff to a cigarette holder, which is a dangerous object of his arms, etc., if he did not go to the Plaintiff.

2. At around 02:00 on the same day, the victim’s house located in the Youngdo-gu Busan Metropolitan City, thereby shouldering the fluor’s disease, which is a dangerous thing that had been located therein for the foregoing reasons, and then “to show how people die” to the victim, and if the victim does not contact himself as if he acted with his body as if he did, intimidation the victim as if he did;

3. At around 03:00 on the same day, the victim was forced to get off his/her own cell phone from his/her own room while the victim was resisted to return his/her cell phone from his/her own phone, and then she was raped by inserting his/her fingers into the negative part of the victim’s body, inserting his/her fingers over the victim’s body, inserting his/her fingers into the negative part of the victim’s body, and inserting his/her fingers into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report (data replyed to the National Institute of Scientific Investigation and Investigation), investigation report (report on telephone conversations between the F appraiser of the Industrial and Scientific Investigation Institute);

1. Relevant provisions of the Criminal Act, Article 297 of the Criminal Act that applies to the crime, the choice of punishment, and Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of each imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the sum of the periods of each crime) shall be 1.0% of concurrent crimes (the sum of the periods of each crime).

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