logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.04 2016고단5299
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that 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

(A)The Defendant is the president of the D Company, who is a subordinate company of C, and the victim E (the age of forty nine) is the site director of the D Company.

At around 16:40 on May 18, 2016, the Defendant threatened the victim with the following: (a) at the site office of the Hannam City F, in consultation with the victim due to the settlement of soil and sand transport payment to be received by the Defendant, on the ground that the victim does not take the demand of the Defendant; (b) the Defendant collected knick (30cm in length, about 70cm in length on the day, about 70cm in length) which is a dangerous object brought to the knife in advance at the knife in the above office; and (c) the part of the knife in face to the right side of the victim: “I am dead. I am dead.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Investigation report (the confirmation of the victim's cell phone and 112 hours), notification to the department related to the reporting of the 112 Incident, and application of photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The suspended sentence under Article 62(1) of the Criminal Act is a crime highly dangerous in the grounds for sentencing; the victim’s mental impulse appears to be reasonable; the defendant's wrong recognition and reflects the defendant; the defendant's time of threatening the victim's fingers is not more than 10 seconds; the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and other circumstances constituting the conditions for sentencing as specified in the arguments of this case shall be determined as ordered, taking into consideration the following circumstances: the defendant's age, character and behavior, environment, family relationship, the motive and consequence of the crime, etc.; and the sentence shall be determined as ordered.

arrow