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(영문) 서울남부지방법원 2016.11.02 2016고단3851
특수협박
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 23, 2011, the Defendant was sentenced to four years of imprisonment for rape injury by the Seoul Southern District Court, and the execution of the sentence was completed on February 14, 2015.

【Criminal Facts】

On August 10, 2016, the Defendant, while under the influence of alcohol around 00:40 on August 10, 2016, called the "C" main points in Geumcheon-gu Seoul Metropolitan Government and demanded that the victim D (the victim, who is a business owner, 59 years of age) perform alcohol, and the victim refused to “I will not be able to perform today’s funeral,” and the Defendant said that “I will die and die.”

Therefore, the victim, who was frightened, brought about five to five to one beer and brought about the beer, broken up two to one beer, and brought about a shoulderer disease, which is a dangerous object, on the hand hand, with the victim's hand, and ring it into the table, but the victim refused to see that "it is not a seat with the customer who is fright," and the victim refused to see that "I can die if I can do so, I can do so without see the fright," and the victim took the same attitude to inflict any harm on the victim's life, body, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Related photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of judgment), and application of Acts and subordinate statutes concerning personal confinement;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] - Victim [Pronouncement Decision] who is vulnerable to the crime in the aggravated area (8 to 2 years) of Part IV (Habitual, Habitual, Special Intimidation) (8 to 2 years) (Special Intimidation): The fact that the nature of the crime is not good in light of the circumstance of the case and the method of the crime: the fact that the same kind of power is several times and the victim is a repeated crime; the fact that the victim seems to have obtained mental impulse; the fact that the victim is not agreed upon; the normal circumstances favorable to the crime are committed.

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