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(영문) 수원지방법원 안산지원 2016.09.08 2016고단1840
특수협박
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant is a U.S. person who resides in the 2nd unit of the D Public Notice Board located in the third floor of the 3rd floor of the building in Gyeonggi-gu, Gyeonggi-do, and the victim E (year 26) is a person who resides in the 6th unit of the above Public Notice Board and who has no awareness with the defendant.

At around 19:50 on June 7, 2016, the Defendant: (a) laid the door of the third room in which a person who had been unable to know who had been in dispute with the Defendant at the above D's corridor was living in the end of the preceding day before the Defendant; (b) laid the victim from the 6th room to the corridor in order to put the mast toilet, without any reason, and without any reason, the victim “Fuk Yu” from the gate; and (c) stated that the victim “drums,” and made the victim’s hump to the 2nd room, which is dangerous to enter the Defendant’s room (22cm in length, 12cm in length), while putting the above excessive amount as his hand, and threatened the victim, such as Dara.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of E and F;

1. The application of the law to the seizure protocol [the above assertion by the defendant and his defense counsel shall not be accepted since the defendant did not commit any act specified in the facts charged since he did not have any fact as stated in the facts charged, but the above facts charged are fully recognized in full view of the

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code, although the defendant was the first offender, there is no reflectivity, such as denying the defendant from committing the instant crime without any reasonable reason and not making any effort to recover the damage to the victim. The place where the instant crime was committed is a space where many people jointly reside, and the risk of committing the instant crime is more likely to be greater, and the defendant's nationality and age is the defendant's age.

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