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(영문) 서울중앙지방법원 2019.06.28 2019고단3457
특수협박
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A defendant shall be punished by imprisonment for not less than eight 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 ship of Chinese nationality and a visiting worker, who enters the Republic of Korea around November 10, 2017 and resides in a specific family room in the middle-gu Seoul Metropolitan Government, Jung-gu.

At around 20:30 on May 27, 2019, the Defendant: (a) under the influence of alcohol prior to the visit by the victim B (the 58-year old), who was a front of his own room, and without any special reason, used the blade for camping (the 22cm in total length, 9cm in blade, 1) that is an object dangerous to the victim from the door in front of the door, and cannot be seen as the back, and at around 20:35 on the same day, the Defendant threatened the victim by putting the knife on the part of the victim, leaving the door in front of the victim’s door, and knife the knife with the left hand, and “A knife the knife was opened with the door in front of the inside room,” and “A knife was opened with the door in front of the defense.”

Then, at around 21:15 on the same day, the Defendant, at around 21:15, followed the victim’s door-to-face by cutting off the body of the victim, and cutting down the door on the chest, and thereby, threatened the victim with the victim by saying, “I will die. I will am locked. I will am locked. I will am am locked. I will am am locked. I will am am locked.” The Defendant’s key to the visit is “I will am am locked. I will am am am. I will am am am.”

Accordingly, the defendant carried dangerous articles and threatened the victim as if he were to do harm.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report (No. 13,17 No. 13 of the evidence list);

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

1. Article 62 (1) of the Criminal Act;

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

1. Confiscation Article 48(1)1 of the Criminal Act

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