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(영문) 서울동부지방법원 2017.04.20 2016고단2202
특수협박
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

On April 20, 2016, the Defendant: (a) around 05:15 on April 20, 2016, at “D main points” located in Gangdong-gu Seoul Metropolitan Government C3, there is a defect that the Defendant intends to go to the home of the victim E (n.e., 27 years of age).

In the words, “the victim was threatened by a fluor’s disease, which is a dangerous object on his/her customer, with a fluor’s disease, and with a fluor’s disease, the fluor’s disease was fluored with the victim as the victim fluor’s fluor’s fluor’s disease.”

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to field photographs and studios' photographs;

1. Relevant Article 284 of the Criminal Act and Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing Criteria [Scope of Recommendation] Type 4 (Special Intimidation for Habitual Offense) of the Act on Terrorism (Special Intimidation) : The basic area (referring to 6 months to 1 year and 6 months) (the person who has no special sentencing seal).

2. The Defendant: (a) at singinginging, the sentence imposed a threat against female victims by shouldering the main disease and by shoulder-sing the main body, which is a dangerous object.

The risk of the above criminal act, the victim wanted to punish the defendant, and the victim did not take measures such as recovery of damage until now, and the defendant did not repent while denying the extreme crime.

There is no history of punishment for the accused except for two long-term penalties.

The punishment shall be determined in consideration of all the factors of sentencing, etc. shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

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