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(영문) 부산지방법원 2019.07.08 2019고단1146
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The victim B is the director in charge of the C Human Resources Management Office, and the defendant is the one who is a daily worker and is employed by the victim.

1. From 07:10 on February 25, 2019 to 07:40 on the same day, the Defendant: (a) tried to talk about the victim’s complaint at the C Manpower Office working for the victim in Busan Jin-gu, Busan; (b) however, on the ground that the victim did not have any work and was at the bar, the Defendant was harming the victim’s complaint amounting to KRW 3,96,90 on the ground of the pipe (50cm in length), which is a dangerous object in his possession, by the pipe (50cm in length), the entrance of the victim’s management, one computer, one multiple, multiple, multiple, coffee, coffee, kphone (general telephone), three glass, and the victim’s Samsung cell phone. The Defendant destroyed the repair cost by cutting the victim’s Samsung cell phone into the petroleum c,96,900 won in total.

2. The Defendant, at the above temporary location, threatened the victim by taking a knife, which is a dangerous object in possession of Annife, and threatening the victim to “I am only.” The Defendant: (a) put the knife on the knife on the knife’s book; and (b) put the knife on the knife on the knife on the knife’s book, “I am immediately treat the knife in front, and will not handle all the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Photographs of damaged articles;

1. Photographs damaged by the entrance;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for serious special intimidation);

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. The scope of punishment by law:

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