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(영문) 서울동부지방법원 2018.11.28 2018고단3150
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is in female relationship with the victim B or C.

On April 18, 2018, the Defendant expressed his/her mobile phone to the victim B that he/she drinks alcohol in the Seoul Gwangjin-gu Seoul Special Metropolitan City D**** on April 18, 2018, while drinking alcohol in the dwelling space located in his/her dwelling space, “Is, Is, Is, son, bit B, bit B,” and set off his/her mobile phone on the ground of a network, which is a dangerous thing. The victim C ran the Defendant on his/her son’s hand, while serving the victim C with the victim “Is today.”

The death shall be discarded.

It was the first day of the internal date, which is called "Irh, Irh, Irh, Irh, Irh, Irh," the victims avoid the defendant, the victim B, the victim C, the victim, the victim, who gets into the toilet, was able to take the floor of the living room on a hand, and kidd the victims by carrying a watch, which is a dangerous object, such as moving the floor of the living room on a hand and walking the house on a hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B and C;

1. Each statement of B and C;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to the cellular phone used for committing the crime and damaged mobile phone pictures;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the following: (a) the Defendant had a record of being punished twice as an violent crime; (b) the Defendant did not agree with the victims; and (c) the Defendant committed the instant crime while carrying with the victim; and (d) the details of the instant crime and the circumstances after the instant crime, etc.; and (b) the sentence is determined as indicated in the Disposition.

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