(영문) 서울동부지방법원 2017.04.20 2017고단277

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(영문) 서울동부지방법원 2017.04.20 2017고단277

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.

(e).

Reasons

Punishment of the crime

At around 13:00 on December 14, 2016, the Defendant: (a) took a bath to “I will not leave if I wish to go back to this he or she,” on the ground that I would not have any agreement on the victim’s assaulted the victim’s C at 73-ro, Yongsan-ro, Seoul Special Metropolitan City, on the ground that I would not have any agreement on the victim’s assaulted before he or she met with the victim; and (b) made a threat to the victim’s in mind, who was a dangerous object in the sealed paper cited by the Defendant.

Accordingly, the defendant carried dangerous objects and expressed his attitude as to harming the body of the victim, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. Part dismissing a public prosecution under Article 62(1) of the Criminal Act (see, e.g., the fact that the defendant misleads the defendant and reflects his mistake, and there is no history of punishment heavier than the fine, and that the injured person does not want the punishment of the defendant upon agreement with the injured party);

1. The summary of the facts charged committed assaulting the victim C ( South, 50 years old) by taking the back head of the victim C at the time and place indicated in the judgment.

2. Determination is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the express will of the victim in accordance with Article 260(3) of the Criminal Act.

Since the victim withdraws his wish to punish the defendant after the prosecution of this case, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

참조조문

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