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(영문) 서울북부지방법원 2020.01.30 2019고단1048
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

On February 1, 2018, the Defendant was sentenced to imprisonment for one year with prison labor for assault at the Seoul Northern District Court on February 1, 2018 and sentenced to a two-year suspended sentence on February 9, 2018, and is currently under suspended sentence.

[2019 Highest 1048] On February 23, 2019, the Defendant stated that “In the front package of “Cnatt” in Gangnam-gu Seoul Northern District, Seoul, the Defendant died of the Defendant’s cnatt, while disputing the issue of the victim D(58 years of age) who was known to ordinary places of peace and women as a cnat, and the clat in the outer package of the packages, and that “the Defendant died of the clatt. The clatt will be dead, i.e., the clatt will be dead.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2019 Highest 4931] around 15:00 on October 25, 2019, the Defendant destroyed the Defendant’s house of Victim F (n, 44 years of age) located in Gangnam-gu Seoul Metropolitan Government E and 1st floor, and damaged the amount of repair costs equivalent to KRW 90,500 by gathering the LG X5 mobile phone owned by the victim with a view to drinking together with the victim while drinking alcohol.

Summary of Evidence

[2019 Highest 1048]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Written statements of D;

1. Investigation report (to hear a complainant's telephone statement);

1. A report on investigation (related to unsatisfying and unsatisfying) and photographic pictures taken of ices;

1. Investigation report (to hear statements from the counter party to the business owner of a package package on the spot);

1. Defendant's legal statement;

1. Statement made by the police with respect to F (first time);

1. Application of the Acts and subordinate statutes to the victim's mobile phone and the victim's mobile phone pictures;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 284, 283(1) of the Criminal Act, the choice of imprisonment;

1. Of concurrent offenders, the Defendant, as the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, was carried with dangerous articles and threatened the victim, and when exercising violence against the female living together, the Defendant destroyed the cellular phone on the ground that he reported it to the police.

. the same kind;

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