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(영문) 서울동부지방법원 2018.05.17 2017고단3840
특수협박
Text

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

2018 No. 1 of the evidence seized in the case No. 1125 shall be confiscated.

Reasons

Punishment of the crime

[2017 Highest 3840] Special intimidation: around 15:00 on September 23, 2017, the Defendant expressed that, “A victim C (n, 44 years of age) who was thrown away from drinking water in front of Gangdong-gu Seoul Metropolitan Government on the street, while taking a separate collection of drinking water, she promptly walked “h. Sn. Sn. Sn. Sn. Sn. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.

“The victim’s knife and discarded “the death” in a knife of the victim’s knife (17cm in total length, 11cm in length on the day), which is a dangerous object in possession of the defective knife.

“.....”

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

[2018 Highest 1125] Special assault Defendant: (a) around 12:30 March 17, 2018, the victim E (54 cm) who displays a transition (12.5 cm in length, 23.5 cm in total) that is a dangerous object to the fluence of the fluence in the front of Gangdong-gu Seoul Metropolitan Government D, without any special reason, on the street around 12:30 March 17, 2018; and (b) the victim E (54 cm in length) who made a false report to the police.

The term “the above excessive amount” was referred to as “the victim, and the victim was the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

[2017 Highest 3840]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Car blade photographs (2018 Highest 1125);

1. Statement by the defendant in court;

1. E statements;

1. Application of excessive photographic Acts and subordinate statutes;

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Articles 261 and 260 (1) (a point of special assault) of the Criminal Act concerning the facts of crime;

1. Selection of each sentence of imprisonment;

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. In light of the following: (a) there is no agreement between the victims on the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act; (b) there is no agreement between the Defendant and the victims on the reason of sentencing; (c) there is a need to strictly punish the Defendant in light of the fact that the Defendant gets in his/her usual knife while committing a crime; and

However, the defendant reflects his fault.

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