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(영문) 서울남부지방법원 2019.05.01 2019고단1020
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

1. Special intimidation against the victim B and the victim B (n, 66 years old) are the relationship between the victim B and the victim.

On March 1, 2019, at around 12:20, the Defendant called the Defendant and the victim’s house located in Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu Seoul Metropolitan Government, and called the Defendant to the effect that the Defendant did not live in money on the ground that the Defendant did not live in the Defendant while living in the workplace, and the victim did not live in money. In short, the Defendant said that “the Defendant knife a knife and the knife knife knife knife knife knife knife knife knife knife s

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

2. The Defendant, at the time and place specified in the above paragraph 1, told the victim D (Nam, 67 years of age) who had arrived at the contact with the victim D (Nam, 67 years of age) who had arrived at the contact with the victim D (hereinafter referred to as the “victim D”) that the victim she was killed in any of the following ways:

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement (No. 1 of the evidence list);

1. On-site photographs (No. 3 No. 5 of the evidence list);

1. Application of the Acts and subordinate statutes to each investigation report (victim D's hearing of statements and hearing of statements);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation against Victims B) (Special Intimidation of Punishment) / [Type 4] Cumulative Crime and Special Intimidation (Special Intimidation of Punishment): A mitigated element of punishment: A victim who is vulnerable to a crime (the area of recommendation and recommendation range), imprisonment with prison labor for up to 4 months and six months;

B. Second Crimes (Special Intimidation against Victims D) (Determination of Punishment) violent crimes: Terrorism [Type 4].

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