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(영문) 서울동부지방법원 2018.01.12 2017고단3745
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 9, 2017, at around 07:00, the Defendant damaged the property by brushing it on the ground that, under the influence of alcohol, the victim D interfered with the passage of the unexplosive heat apparatus at the market price installed in order to remove moistures arising from the process of remodeling the building in the Seoul Gwangjin-gu, Seoul Special Metropolitan City.

2. On September 9, 2017, at a place where it is difficult to identify a place around 09:30, the Defendant sent a written message from the victim D (35 tax) to the effect that the Defendant saw the fact of the hacker’s hacker, as described in paragraph 1, to the effect that the hacker’s hacker was destroyed by a telephone, and the Defendant sent the victim’s text message stating that “the hacker would die and throw away,” and that “the hacker would die.”

At around 11:30 on the same day, the Defendant continued to search for the victim at the place specified in paragraph 1 of the same day and carried Raber (the total length of 18cc), which is a dangerous object prepared in advance by the Defendant, and threatened the victim with the victim, such as “I am, I am, I am,” and “I am,” respectively.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. The dives photo of the date of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) The mitigated area (4 months to 1 year) of the mitigated area (4 months from 4 months to 1 year) of the crime of intimidation (the scope of a recommended punishment) (the scope of a person subject to special mitigation) (the punishment of a person subject to special mitigation);

(b) Class 2 crimes (damages) (Scope of recommending punishment). General standards (Destruction of property, etc.).

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