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(영문) 의정부지방법원 2017.10.16 2017고단2664
특수협박
Text

A defendant shall be punished by imprisonment for seven months.

One illness (No. 1), one kitchen, which has been seized, shall be confiscated (No. 2).

Reasons

Punishment of the crime

1. On June 5, 2017, the Defendant: (a) discussed D’s criminal agreement by drinking alcohol at Li Government-Si around 22:35 on June 5, 2017, on the ground that he/she refuses the victim E (43 tax)’s demand for drinking alcohol; (b) a kitchen, which is a dangerous object in the kitchen located in the kitchen where he/she is located, (20cm in length, 30cm in total length) (No. 2); and (c) a kitchen, which is 30cm in length, is accumulated in the kitchen, on the ground that he/she refuses the victim E (43 tax)’s demand for smoking.

Recognizing that “the victim was threatened with any danger and injury to the victim’s life and body”, the victim was threatened.

2. On June 6, 2017, at around 10:20, the Defendant collected spawn disease (Evidence No. 1) which is a dangerous object from the damaged person, even though the Defendant demanded that the said victim, who entered a house after leaving the place specified in paragraph 1 at the time of departure, enter the house, and thereafter, spawn the said victim’s demand that spawn spathn spathn spathn bed.

The victim was threatened by committing an act that seems to have been able to get the victim, showing the attitude that the victim seems to inflict any harm on the life and body of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness E;

1. Protocols of seizure and list of seized articles, respective descriptions of seized articles and the application of cinematographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

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. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of statutory applicable sentences] [the types of punishment] Article 48 (1) 4 of the Punishment Act (Habitual, repeated, and special intimidation) [the person subject to special sentencing] among the group of violent crimes: The area of mitigation of punishment is not subject to punishment [the scope of recommended punishment]. Each area of mitigation of punishment [the scope of recommended punishment] from four months to one year [the application of standards for processing multiple crimes] from four months to one year [one year and six months] [the sentence] [one year and six months + 1/2] [the sentence]] [the defendant, July 2, 2015] punished by imprisonment with prison labor from the District Court of the Republic of Korea on December 22, 2015 and sentenced two years to a suspended sentence of imprisonment with prison labor for special intimidation, etc.

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