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(영문) 서울중앙지방법원 2020.08.12 2020고단880
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[200 Highest 880]

1. Around 19:40 on January 15, 2020, the Defendant of special intimidation, on the ground that the victim C (the male and the 82-year-old age) used the public kitchen for a long time in the second floor of Jongno-gu Seoul, Jongno-gu Belel, Seoul, and the victim C (the 32cm in total length: 32cm and the blade length: 20cm), and acted as if the victim would inflict harm on the body or life of the above victim, such as “I d. I d. I d. I d. I am. I d. I am.”

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

[200 Highest 2952]

2. At around 04:00 on December 2, 2019, the Defendant issued a paper stating that, prior to that time, the Defendant was accused of a criminal charge of insult from the victim D (n, 71 years of age) who is a resident of the said publicly notified televis, and that, on the wheelchairs owned by the said victim, the Defendant stated that “the moto is frighted, the knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb kn

Accordingly, the defendant threatened the above victim.

Summary of Evidence

[200 Highest 880]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs used by the suspect for committing the crime;

1. A CD copy of CCTV image data;

1. Notification to a department related to the report of 112 Incident

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes concerning photographic data of intimidation;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 238(1) of the Criminal Act and Article 238(1) of the Criminal Act, the choice of imprisonment for a crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope that the sum of the long-term punishments of both crimes, which are heavier than the punishment, is added to the punishment for special intimidation);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

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