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(영문) 서울동부지방법원 2018.05.31 2018고단616
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who resides adjacent to the same building as the victim C(18) and there was a dispute over noise problems between the victim and the neighbor.

On January 14, 2018, around 11:50 on January 14, 2018, the Defendant saw the victim as a food blade (17cm in length) that is an object dangerous to left hand on the ground that the victim was a computer and slicked, on the ground that the victim was slick.

“...”

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

Summary of Evidence

1. The defendant's legal statement 1C and E in each police statement;

1. Application of seizure records and statutes concerning the list of seizure;

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

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

1. As for the sentencing of Article 48(1)1 of the Confiscation Criminal Act, the Defendant’s criminal liability is not less light due to the following and noise problems: (a) around September 2015; (b) the Defendant had a criminal record of the same criminal offense; (c) the Defendant agreed with the victim; (d) the motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime are considered in light of the following.

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