(영문) 서울중앙지방법원 2019.06.13 2018고단7549

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(영문) 서울중앙지방법원 2019.06.13 2018고단7549

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 30, 2018, at around 16:30, the Defendant called, “C” from the victim D (the age of 38) who is an employee of the game room while playing a game, that “frights another part of the game room. Meeting the voice,” the Defendant told the victim who was pointed out that “I want to spread oil to the body and fright the body.” After one hour, I want to spread gasoline to the body.”

Since then, the defendant went out of the game room at around 18:30 of the same day and around 18:50 of the same day, 20liters containing gasoline have returned to the above game room with oil (No. 1). However, the victim was discovered and the above oil tank was stored next to the calculation unit of the game room.

At around 20:20 on the same day, the Defendant returned the oil in question from the victim, and immediately told the victim to show that he would show that he would show that he would saw the oil, thereby threatening the victim by using gasoline, which is a dangerous object, such as breaking a vinyl in which the oil can be sealed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the legal chemical appraisal report;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending punishment] / [the basic area for special intimidation]: April to June 1 [the person who has been specially punished] mitigation by grounds for mitigation (non-existence of punishment]: February to one year [the decision of sentence]. The motive and circumstance leading to the instant crime, the degree of violence and damage inflicted on the Defendant, the degree of his mistake and agreement with the victim, and other circumstances after the commission of the crime.

참조조문

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