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(영문) 서울남부지방법원 2019.01.17 2018고단5158
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant, with the victim B (the age of 42) and delivery agency, has been in conflict with each other with each other with the matter of recent profit distribution;

A. On October 3, 2018, at around 20:0 on October 3, 2018, the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government C building and D, the victim who has retired from his/her business relationship refers to intimidation, such as: (a) the kitchen blade ( approximately 34cm in total length, approximately 20cm in blades) which is a dangerous object on which the victim has retired from his/her business relationship by using the horses as his/her hand; and (b) the kitchen blade ( approximately 34cm in total length, about 20cm in blades) which is a dangerous object on which

B. On October 3, 2018, at around 21:30, the Defendant’s residence, the victim sought again to have the Defendant repaid the loan amounting to 1.5 million won between the Defendant and the Defendant lent, and the victim wants to do so, and the victim wants to do so, “I will do so” means “I will do so,” which means “I will do so,” which means “I will do so,” which is a kitchen knife ( approximately 34 cm in length, about 20 cm in knife length), which is a dangerous object on the kitchen of the kitchen which was on the kitchen, and the mother of the Defendant sent it to the victim, and then the Defendant, who is the mother of the Defendant, took the door and closed the visit into his room, took two times the above kitchen knife, and threatened the victim “I will do so.”

Accordingly, the defendant threatened the victim by using a kitchen, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Investigation record of seizure;

1. Application of the Acts and subordinate statutes concerning seized articles photographs and field photographs;

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

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

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

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Class 1 crime subject to the sentencing guidelines (Scope of Recommendation) and Category 4 (Special Intimidation of Cumulative Offense and Intimidation) (2-1 year) (special mitigation) in the area of mitigation (2-1 year) (the scope of Recommendation) in the area of punishment not to be mitigated, and the second crime [the scope of Recommendation] in the sentencing guidelines.

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