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(영문) 서울중앙지방법원 2020.09.08 2020고단133
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 11, 2019, the Defendant: (a) around 03:10 on September 11, 2019, at the “C” restaurant located under the 1st underground of Gangnam-gu Seoul (Seoul), the victim D (hereinafter “C”) and the victim E (the victim E(the age of 27) demanded that the Defendant be melted by driving off the table table above the Defendant; (b) instead, the Defendant was placed on the string line, the Defendant’s the string line, the Defendant’s the string line on the string line; and (c) took the head of the victim E by taking the string line, which is a dangerous object (the length is 34 cm and the 15 cm length is equivalent to 15 cm) of the victim’s body by taking the victim’s body by means of gathering and threatening the victims.

Summary of Evidence

Part of Defendant’s Court Statement

1. Application of the Acts and subordinate statutes on the suspect interrogation protocol D, E, and F written statements to the Defendant and scene photographs, internal investigation report (suspect E telephone conversations), investigation report (suspect D telephone conversations), CCTV images, and closure photographs to the Defendant;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act had a history of being punished for multiple crimes, and the defendant again committed the crime of this case even though he/she was sentenced to a fine and imprisonment with prison labor, since he/she committed the same kind of violent crimes among them, such as a fine, and the use of dangerous articles, such as a shoulder-sicker Sicker's disease and a knife, etc. for the crime, and the defendant suffers from diseases such as a public yellow disorder, and such disease has some influence on the crime, but it is difficult to consider such circumstances favorable to the defendant in light of the fact that the defendant was aware that he/she was negligent in treating drugs, and that he/she committed the crime several times during that period.

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