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(영문) 서울서부지방법원 2016.02.05 2015고단2910
특수협박
Text

A defendant shall be punished by imprisonment for six 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

From March 2015, the Defendant resided in Yongsan-gu Seoul Metropolitan Government B lending No. 102 from June 2015 to June 2015, he/she brought a dispute over the noise problem between the victim C (38 tax) and the floor noise problem between the victim C (38 tax) and the above B lending No. 202, and had a good appraisal.

On November 12, 2015, at around 22:05, the Defendant found the victim’s house located above B B B B lending 202, and opened the front door door, opened the victim’s entrance door to turn over the transition ( approximately 12 cm in length of the blade) of dangerous objects, which the victim had in advance been in possession of the principal victim, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on seizure records, lists of seizure and excessive photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / There is no person who is not a person subject to special sentencing / [the decision of sentence] / [the nature of the crime of this case is not good, but the damage of the victim was not recovered, but the punishment is determined as ordered in light of the following: (a) the nature of the crime of this case is not good; and (b) the fact that the victim's mistake is recognized; and (c) the fact that there is no criminal record other than twice criminal records other than the fine.

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