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(영문) 서울동부지방법원 2016.07.20 2016고단1317
특수협박등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. In the situation where the Defendant did not receive interest on the funds invested in the victim C (the age of 63) and did not contact with the victim, the Defendant sought to find the victim's house in Sungnam-si, Sungnam-si.

On December 22, 2015, the Defendant, at around 10:30 on December 22, 2015, had the victim’s home room and the victim’s E (38) (the son and the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s kn

2. The Defendant injured by negligence caused the victim’s left loss by negligence while she gets off the victim’s act of putting him/her on a family line at the above date, time, place, and trying to put him/her on a family line with his/her name, and she got about four weeks of treatment to the victim by negligence.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement protocol against C and E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to dangerous objects of photograph;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (the fact of intimidation to carry dangerous articles, the choice of imprisonment), and Article 266(1) (the fact of causing bodily injury by negligence and the choice of fines) of the Criminal Act concerning the choice of punishment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The sentencing of Article 334(1) of the Criminal Procedure Act has a history of criminal punishment on several occasions, the risk of a crime was high, and the victims did not agree.

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