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(영문) 서울남부지방법원 2018.09.05 2018고단1600
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

A seized kitchen shall be confiscated by one kitchen.

Reasons

Punishment of the crime

On December 7, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for special intimidation in Seoul Southern District Court on December 7, 2016 and completed the execution of the sentence on August 5, 2017.

1. Around March 28, 2018, the Defendant assaulted the victim E (n, 50 years of age) who was reporting marina business in Guro-gu Seoul Metropolitan Government on the ground that he did not put the goods on credit, with the victim E (n, 50 years of age) who was in charge of drinking in the “D Mart” located in Guro-gu Seoul Metropolitan Government, on the ground that he did not put the goods on credit. In making a report, the Defendant abused the victim by verbally speaking, and then pushed the victim into a trace of batling the bat

2. A special intimidation: (a) the Defendant returned home after being examined by the police station as the instant assault case; (b) discovered a mobile phone with the knowledge that he had been placed in the said “D Et”, and put him to the said “D Et”.

At around 06:50 on March 29, 2018, the Defendant: (a) stated that the victim F (52 Do) who is the husband of the above E, f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. 8

Summary of Evidence

1. The part corresponding to the defendant's legal statement

1. The corresponding parts among the witness G and F’s respective legal statements;

1. Each written statement E and H prepared;

1. Deadly weapons and photographs used in committing the crime;

1. 112 Reporting case handling table;

1. Each CD (CCTV image);

1. Previous convictions: Inquiries about criminal history and investigation reports (A confirmation of the period of repeated crime and attachment of relevant judgments, etc.);

1. Article 260(1) of the Criminal Act applicable to the crime (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor as to the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. As to the assertion of the defendant and his defense counsel under Article 48(1)1 of the Criminal Act, the defendant and defense counsel shall be the defendant and defense counsel.

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