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(영문) 서울북부지방법원 2018.11.16 2018고단3969
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant was living together with the victim C (V, 46 years of age).

1. On August 30, 2018, at around 03:10 on August 30, 2018, the Defendant of special intimidation and damage property: (a) was removed from the following walls, where the victim was forced to contact with his/her former male-gu, and the victim was forced to break down his/her arms due to his/her shocker’s disease after he/she was cut off on the ground that he/she contacted with his/her former male-gu.

The Defendant continued to put the gas sirens located in the Jeju Trost, which were in his place, into the Llostter, and said that “the dead by explosion” was “the dead.

Accordingly, the defendant, carrying dangerous articles, threatened the victim, and damaged the toilet door owned by the victim by making a department to enter the victim's non-repair.

2. Special intimidation;

A. On September 1, 2018, at around 03:10 on September 1, 2018, the Defendant stated that “I die without any pain,” the Defendant left the front door, fry, following the front door, left the door, shack the string of the shouldered glass, and “I die without any pain” on the ground that I do not open the door.

B. On September 7, 2018, the Defendant, at around 05:37, demanded from the damaged places as set forth in paragraph (1) at around 05:37, 2018, took a transition (a total of about 22 cm in length, about 10 cm in length, about 10 cm in length) that was in a main room, and told the victim that “the death shall be discarded.”

Accordingly, the defendant carried dangerous objects 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 excessive and photographic Acts and subordinate statutes, such as photographics and criminal scene, and photographics of the accused;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act, Article 366 of the Criminal Act and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection.

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