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(영문) 울산지방법원 2017.04.13 2017고단559
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Nos. 1 and 1 of the evidence seized in No. 160 of the Ulsan District Prosecutors' Office, 2017.

Reasons

Punishment of the crime

1. A special intimidation: (a) on January 14, 2017, at around 17:55, the Defendant sought the Victim E from D 3rd floor located in Ulsan-gu, Ulsan-gu, to be a selling member; (b) the Defendant did not inform the Defendant of the whereabouts of F, the mother of the Defendant’s interest victim, who was the mother of the Defendant,; (c) in a knife knife, a food knife (the total length of 30cm and the knife’s length of 20cm) that was a dangerous object that had been under the hnife while taking the victim’s bath, and knife the victim “C”.

The victim threatened the victim by stating that he/she is dead, dead, and dead.”

2. The Defendant interfered with the business of the said victim by force for about 30 minutes by avoiding disturbance, such as finding the said victim at the time, time, and place specified in the preceding paragraph, bringing the said marina employees a bath to the said marina employees, setting a boom on the floor, etc., and setting the booms in which tobacco was used in the said marina shop.

3. On January 16, 2017, the Defendant was a person who violated the Punishment of Violences, etc. Act (person suspected of committing a crime) with a weapon in excess of 30cm in total length and 16cm in the Ulsan-gu G 8-story, Ulsan-gu, Ulsan-gu, Seoul-do, about January 16, 2017.

F returned to the Republic of Korea.

Accordingly, the defendant carried a deadly weapon that is likely to be used for a crime without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol with respect to E and H (net 18);

1. A written statement prepared in the I;

1. Seizure report (for example, 5, 10 times a year);

1. Application of investigation reports (21) Acts and subordinate statutes;

1. Article 284, Article 283 (1), and Article 314 (1) of the Criminal Act concerning the facts constituting an offense; Article 7 of the Punishment of Violences, etc. Act (Selection of Imprisonment)

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. 몰수 형법 제 48조 제 1 항 [ 양형이 유] 양형기준 : 징역 6월 하한 ☞ 특수 협박 기본영역의 하한 인 징역 6월을 전체 하한으로 함 범행 수법의 위험성이나 재범의 위험성, 피해자의 처벌 희망의사 등을 고려하되, 피고 인의...

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