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(영문) 의정부지방법원 2015.05.01 2014고단3401
협박등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:20 on August 12, 2014, the Defendant: (a) expressed that “D main points” located in the Council-si C and the first floor C, the victim E (n.e., 56 years of age) paid KRW 100,00,00, while paying the amount of KRW 97,000,00, employees were off and play off with his/her employees.” (b) made it difficult for employees to say that “n.e., “n., f., f., f., f., f., f., with no money,” and rather made the Defendant feel “n.e., f., f., f., f., f.,”

Accordingly, the defendant threatened the victim.

2. On the above date, the Defendant purchased two butane gas (Evidence No. 1) and one disposable-roter (Evidence No. 2) from the F convenience store located adjacent to the above “D main point,” and put about approximately 20 meters away from the above “D main point,” and added one butane gas (Evidence No. 1) to the left hand in front of the “Gel” and added it to the disposable-roter (Evidence No. 2).

Slocks have been repeated.

Accordingly, the defendant prepared to extinguish a building in which people exist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Each investigation report (D main entrance and distance between the F convenience store entrance, etc., and on-site investigations, etc.);

1. Sales slips, CCTV images of convenience stores, field photographs, and CCTV analysis photographs for crime prevention;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant provisions of the Criminal Act and Article 283 (1) of the Criminal Act that apply to the crime, the choice of punishment, and Articles 175 and 164 (1) of the Criminal Act (the occupation of current main building and the reserve for fire prevention);

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act refers to intimidation to the effect that the Defendant would explosion the victim’s store. In fact, the Defendant purchased butbane gases and baseers in the vicinity of the victim’s business.

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