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(영문) 서울중앙지방법원 2017.11.29 2017고단6017
협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a resident living in the Gwanak-gu Seoul Special Metropolitan City, the 102-dong 1302-dong 1302, and the victim D (54 years old) and E (56 years old) are the resident living in the same apartment.

From November 2015, the Defendant found the victims' house to be snicked on the lower floor where the victims reside, and provided repeatedly the victims' house to avoid the disturbance and take a bath.

1. On December 16, 2015, around 08:20 on December 16, 2015, the Defendant threatened the victim more than ten times in total, as shown in the list of crimes in the annexed sheet of crimes, by considering the attitude of the victim, such as: (a) having repeatedly discovered the victim’s house and enjoying his portraits and walking the front door by exposing him; and (b) having threatened the victim with any harm to the victim’s physical property.

2. Definating victims E;

A. On March 11, 2017, around 07:00, the Defendant expressed the victim’s desire to “nicks, Chewing,” as large as the victim, while reporting F, D, etc. to the employees of the said apartment management office around the said parking lot 102.

Accordingly, the defendant openly insultingd the victim.

B. On March 13, 2017, around 16:00 on March 13, 2017, the Defendant: (a) took a bath to the victim as “brupts, Chewing,” while the Defendant, including the police officers affiliated with F and G police boxes, and the name-free men living in No. 1001 of the said 101, reported by the dong community, etc., such as the victim’s house.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Each record, a video CD;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Relevant provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation) and Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor for the crime;

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. The reasons for sentencing under Article 62(1) of the Criminal Act are all errors.

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