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(영문) 서울동부지방법원 2018.01.18 2017고단3330
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 8, 2016, the Defendant: (a) around 01:20 on December 8, 2016, the Defendant: (b) reported the victim G (17 years) and the victim H (17 years) of the foregoing drinking house to smoke in the above drinking house while drinking his/her daily behavior and drinking in Seongdong-gu Seoul Metropolitan Government “E Hop” in Seongdong-gu; (c) had been aware of the fact that the victim G (17 years) and the victim H (17 years years) were smoking; (d) the victim H’s face was taken several times due to the occurrence of the dispute; and (e) again, the victim G’s face was spoed down again after having gotten the victim G face several times, and the part of the victim G G

Accordingly, the defendant assaulted victims.

2. The special intimidation Defendant, at the time, at the time, and place specified in paragraph 1, had the victims and body fighting who were assaulted by the Defendant, as above. In order to suppress the victims, the Defendant used a knife that was placed on the main line of the “E”, and used the knife to the victims H as the knife with the victim H.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the examination of each police officer in relation to I or G;

1. G statements;

1. CCTV closure photographs;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1), and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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. In full view of the following circumstances and other records of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following conditions of sentencing.

The risk of the crime of this case and the fact that the defendant had a record of a fine of the same kind several times is likely to have been assaulted first by the defendant and caused the crime of this case.

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