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(영문) 서울북부지방법원 2017.08.30 2017고단2501
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2017, around 02:30 on May 25, 2017, at the “E” singing room operated by the victim D (W, 51 years of age) located under the Gangnam-gu Seoul Northern District C, the Defendant was asked for an entertainment receptionist to the victim but was rejected, and the Defendant was willing to threaten the victim with excessive and excessive view to the view of the view of the Defendant’s home.

At around 02:50 on the same day, the Defendant shall discarded “Chewing, string,” to the victim.

‘A total length: 22.5 cm; 9.5 cm's length; the victim “ is this person”. The victim is the victim, who has laid down his/her door-proof net (81 cm in total length: 81 cm) of the wooden material after being laid up once, and excessive (2.5 cm in total length: 22.5 cm in length; 9.5 cm in length.

“The victim threatened with the victim”.

Accordingly, the defendant threatened the victim by carrying out the camping net and excess of dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Investigation report (to hear statements made in victim D);

1. In full view of the facts acknowledged by the above evidence, such as the record of seizure, the list of seized articles, and the photograph of the seized articles [a] (a) the defendant's statement that the defendant did not show excessive materials to the victim is consistent and the size and shape of excessive materials in light of the above facts constituting the crime, the defendant's statement that the defendant was unaware of whether the above excessive materials are possessed is difficult to believe, shall be sufficiently recognized.]

Application of Statutes

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (any person who habitually commits a repeated crime, special intimidation) (one year and six months) (any person who is subject to special sentencing).

3. The expenses for the use of a sentence by singing.

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