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(영문) 서울남부지방법원 2017.05.18 2017고단1049
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Special intimidation Defendant: (a) around 23:00 on November 2, 2016, at the Defendant’s residence located in Yangcheon-gu Seoul, Yangcheon-gu Seoul Metropolitan Government C2, on the ground that the Defendant worked in the cafeteria D (n, the age of 48) of the victim D (n, the age of 48) who was in an internal relationship and divided the conversations with male customers, and (b) on the ground that: (c) the victim’s “eva, pana,

Magman Dol

이 씹할 년 아! ”라고 욕설을 하면서 손으로 피해자의 뺨을 수회 때리고, 발로 피해자의 몸을 수회 걷어찼다.

The Defendant continues to use a knife, which is a dangerous thing in the kitchen, and knife a knife with a knife, and knife with a knife, and knife “hing 112 reported at least once” and knife a knife with a certain act after this hour, and knife with a knife.

“.....”

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

2. On December 13, 2016, the Defendant: (a) 23:00 around 23:00, and on the grounds stated in the foregoing paragraph (1) 1, the Defendant saw the victim’s head head head room several times with the hand floor; (b) taken the victim’s face one time by drinking; and (c) placed the victim’s front seat around the part requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to a medical certificate of injury and report on investigation (victim D's oral hearing report);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 257(1) (a) of the Criminal Act, and choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act for the observation of protection and observation: The victim is the wife against the defendant, and the mistake is divided and reflected;

An unfavorable circumstance: The victim has habitually committed violence and intimidation against the victim, and the degree of such violence is significant, and there are many criminal records related to violence.

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