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(영문) 서울중앙지방법원 2017.05.25 2017고단1177
특수협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 22, 2017, at around 18:00, the Defendant used the transition (20cm in total length, 10cm in length) as a dangerous object in his/her own room, for the following reasons: (a) on the grounds that he/she neglected his/her care in his/her care in the victim D (45, 5, 76, 76) and the victim E (76, 00) who is his/her own care in his/her care in Seoul Special Metropolitan City, Gwanak-gu; (b) on the ground that he/she neglected to perform his/her care in his/her care; and (c) took off his/her care in the victim

The death will be discarded.

“A threat,” etc. was made.

The defendant continued to enter the defendant as a small room and walk the door to a locked, and walk the door, and "I will die and die today."

The door shall be slided with an open door.

“Absent as doing harm to the body of victims,” such as “Absent.”

Accordingly, the defendant threatened victims by using dangerous articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Excessive photographs used for crimes;

1. Application of Acts and subordinate statutes to report on investigation (record statements by victim D phone);

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim E with a heavier penalty);

1. According to the sentencing guidelines for selective sentence of imprisonment with prison labor, the defendant is aged, and there are extenuating circumstances, such as: (a) the scope of recommendation [the scope of recommendation] in the sentencing guidelines for selective sentence of imprisonment [the scope of recommendation]; (b) the basic area (from June to one year and six months) of the four types of intimidation (Habitual, repeated crime, special intimidation; and (c) [the person subject to special sentencing].

However, without any particular reason, the Defendant, as a family member, threatened the victims who are female, and the nature of the crime is very poor, and the Defendant appears to have used verbal abuse and violence against the victims for a long time prior to the instant case, and accordingly, the victims are extremely likely to be the Defendant. However, the Defendant did not seriously reflect his fault.

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