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(영문) 부산지방법원 2017.03.29 2016고단8054
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. On October 17, 2016, the Defendant was on board the victim C (the 49-year-old) who was a woman on the alleyway B of the Busan city’s thought-gu, Busan, with the Defendant’s driver’s license, starting the said car without the victim’s consent, and, even though the victim got off several times, detained the said car for about one hour by driving the said car to E in the seat of the Cheongdo-gun, the Defendant refused it, and detained the victim by driving the said car for about one hour.

2. Around 13:40 on October 17, 2016, the Defendant threatened the victim by putting in dispute with the victim within the DK5 passenger car of the Defendant’s driver’s vehicle parked in the U.S.-dong of the Busan Sindong-gu, Busan. In that context, the Defendant: (a) spreaded water in the victim’s face; (b) knife knife knife knife, which is an object dangerous to the victim; and (c) fnife knife knife.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) and 276(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, 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 suspension of execution (see, e.g., reflective points and primary charges);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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